Monterey Municipal Code Ch. 37 PRESERVATION OF TREES AND SHRUBS Revised

Monterey’s image is that of a small-scale residential community beside the bay, framed by a forested hill backdrop and drawing its charm from a rich historical background, certain commercial enterprises, and natural scenic beauty. Trees within the City significantly contribute to this image. The Preservation of Trees and Shrubs Ordinance is intended to assure preservation of trees and replacement of trees when removal is unavoidable. (Ord 3318, 4/03)

It shall be unlawful for any person to cut, prune, top, damage or remove, or cause to be cut, pruned, topped, damaged or removed, any tree or shrub in any City-owned park, green belt or other public area unless pursuant to a permit issued by the City Forester. In addition, it shall be unlawful to damage or remove, or to cause the damage or removal of, any tree in the public right-of-way unless pursuant to a permit issued by the City Forester.

In addition, any application for a permit to cut, prune, top or remove, or cause to be cut, pruned, topped or removed, any tree on public property for the purpose of view enhancement shall be required to demonstrate compliance with the conditions set forth in the City’s view trimming guidelines, in addition to any other permit application requirements established by the City. (Ord. 3424 § 13, 2009)

The City shall, at no cost to adjoining property owners, remove, cut, prune, and trim any tree in the City right-of-way where found to be potentially dangerous to health and safety by the City Forester, where necessary to encourage growth in adjacent areas in compliance with good forestry practices as specified in ANSI/Z133 Tree Care Standards, or to provide required visibility and clearances for vehicular and pedestrian traffic safety. (Ord. 3424 § 13, 2009)

Duly authorized personnel of utility companies may in an emergency, remove, cut, trim or prune trees which are threatening to interrupt or have interrupted utility service. Such removal, cutting, trimming, or pruning shall be the minimum required to meet safety standards. The utility company shall report all such instances of emergency action on trees to the City Forester within seventy-two (72) hours of completion of the work.

Duly authorized personnel of utility companies may, with the approval of the City Forester, obtain an area tree removal permit authorizing cutting, pruning, trimming or removal of trees which are threatening to disrupt utility service, provided that the City Forester is notified of the specifics of any removal work a minimum of twenty-four (24) hours before the start of work. Such cutting, pruning, trimming, or removal shall be the minimum required to meet the ANSI/Z133 Utility Trimming Standards. (Ord. 3424 § 13, 2009)

No person shall plant, or cause to be planted, any tree, shrub, or other growing material, except ground cover, within the improved City right-of-way/sidewalk area or parks without permission from the Park Superintendent. In granting approval the Park Superintendent may impose reasonable conditions, including continued maintenance by the applicant; may determine the type of plant material used; and may determine the location of plant material in order that there will not be an additional maintenance burden placed on the City and that the planting will not interfere with vehicular movement and parking. (Ord. 3424 § 13, 2009)

No person shall remove, damage or relocate, or cause to be removed, damaged or relocated, any tree on any private property within the City unless the City Forester has issued a permit, or unless exempt as set forth below. Normal pruning or trimming of trees on private property is expressly permitted. Normal pruning for health and maintenance will generally conform to Tree Pruning Guidelines established by the International Society of Arboriculture. “Excessive pruning” as defined in Section 37-2(G) without prior approval is a violation of permit requirements and is prohibited. Trees that die or are irreparably damaged as a result of “excessive pruning” shall require replacement in addition to any other penalty imposed under these regulations. The use of certified Arborists is encouraged to avoid excessive pruning damage. (Ord. 3424 § 13, 2009)

No permit is required to remove, damage, or relocate a tree under the following circumstances:

A.Trees not defined as a “protected tree” in Section 37-2 of the City Code.

B.Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires, or other natural disasters or determined to be dangerous by a peace officer, fireman, forester, or a code enforcement officer in their official capacity. The Forester shall be promptly notified of the emergency and action taken.

C.When removal is determined necessary by fire department personnel actively engaged in fighting a fire.

D.Trees located in above-ground containers.

Permits are required to be approved before a protected tree may be removed. The City Forester shall review and approve protected tree removals except that the Community Development Department shall review and approve tree removals related to new development, which as used in this chapter shall mean any project requiring the construction of new commercial, residential, or mixed-use structures and/or additions thereto. Permit requirements, review procedures and standards for issuing permits are as follows:

A. Application.A person who desires to move or remove a protected tree on any private parcel shall secure a permit from the City on an application provided by the City, accompanied by the required fee. The application shall contain the number, species, size, and location of the tree or trees involved, a statement of the reason for the requested action, and any other pertinent information determined necessary by the City.

Upon receipt of an application for a permit, the City Forester, Community Development Department, or designated representative shall review the application for accuracy and completeness and make an inspection of the subject tree(s). The application shall be processed as follows:

1.If the application is incomplete it will be returned to the applicant and no action will be taken until all information needed to locate and identify the subject tree(s) and assess the basis for the request has been received.

2.If the City Forester determines that the request is based on considerations regarding tree health or tree safety, the application will be evaluated by the City Forester for a decision pursuant to subsection (B) of this section.

3.If the City Forester determines that the request is based on considerations other than tree health or tree safety, the application will be denied or referred to the Appeals Hearing Board for a decision.

4.If the tree removal is proposed to clear vacant property or to provide room for a new development, the application shall require submittal of a concurrent development plan to the Community Development Department.

5.If the tree removal application is submitted with concurrent development plans, it shall be referred to the Community Development Department, which may consult with the City Forester, for review in accordance with the City’s Zoning Ordinance, Chapter 38 of this code. In situations where a healthy tree(s) prevents reasonable development of permitted uses, the tree may be approved for removal. Existing development on similar sites in the same zone and having similar topographic and vegetation characteristics shall be considered when determining reasonable development of permitted uses.

B. Standards for City Forester’s Review.A tree removal permit may be approved, denied, or conditionally approved based on the criteria set forth in this section. Decisions of the City Forester shall include findings and indicate specific standards that were identified to support the decision.

1.The condition of the tree with respect to disease; hazardous conditions caused by the tree including but not limited to its proximity to existing structures or high pedestrian traffic areas such as parking lots, playgrounds and pedestrian walkways; its status as an undesirable non-native species; or its interference with utility services that cannot be controlled or remedied through reasonable preservation and/or preventive procedures and practices.

2.The condition of the tree as a host to a plant, or insect, or other parasitic organism which endangers other adjacent healthy trees.

3.The number of healthy trees the parcel is able to support as determined by the City Forester based on such considerations as tree species, growth characteristics, general health of the stand, tree age, solar orientation and soil condition.

4.The acceptance of mitigation measures including, but not limited to, those set forth in Section 37-11.

5.The value and importance of the tree on the site or in the community, based on such factors as its service as part of a windbreak system, its assistance in drainage or in the avoidance of soil erosion, its service as a component of a wildlife habitat, or its role in maintaining the existing urban forest. (Ord. 3611 § 2, 2020; Ord. 3429 § 2, 2009; Ord. 3424 §§ 1, 13, 2009)

If it is determined after inspection of the property by the City Forester, Community Development Department, or Appeals Hearing Board that the adverse effects of tree removal can be mitigated, conditions may be imposed on the removal based on, but not limited to, one or more of the following standards:

A. No Replacement Tree.Applications approved by the City Forester based on the determination that the tree(s) should be removed to relieve overcrowding and removal will improve the health and vigor of adjacent trees shall not require replacement.

B. One Replacement Tree.Applications approved by the City Forester based on the determination that the tree(s) should be removed for reasons of health, safety, proximity to existing structures, walkways and/or traffic areas, or by the condition of the tree as a host to a plant or insect or disease which endangers other adjacent healthy trees, and where the impact cannot be mitigated without removal, shall require replacement at a ratio of one replacement for each removal in a size and species selected by the City Forester. The replacement tree shall be planted preferably on site.

C. Up to Three Replacement Trees.Applications approved by the Community Development Department or by the Appeals Hearing Board upon appeal or referral from the City Forester, or as part of a concurrent development application, shall be subject to conditions that require up to three replacement trees for each removal, in a size and species selected by the City Forester. The replacement trees shall be planted preferably on site.

D. Payment in Lieu of Replacement.As an alternative to on-site planting, an applicant may request to submit payment to the City of Monterey of costs equivalent to the value of the removed tree(s) or the cost of the numbers of replacement tree(s) as determined by City Council resolution. The value of the tree(s) shall be established and conform to standards adopted by City Council resolution. The payment shall be used to plant additional trees off site in a location approved by the City Forester.

E. Payment in Lieu of Maintenance.Requiring payment to the City of Monterey equivalent to the cost of two years’ maintenance by City of the removed tree(s), said payment to be used to fund the maintenance of additional trees planted off site.

F. Maintenance and Care Program.Requiring an objectively observable maintenance and care program to be initiated to insure the continued health and care of other trees on the property.

G. Replacement Tree Maintenance.All trees required to be planted on site as replacement trees shall be required to be maintained and replaced if they do not survive or they are removed. (Ord. 3611 § 3, 2020; Ord. 3424 §§ 1, 13, 2009)

A.The “local landmark tree” category establishes a process for reviewing and recommending trees that should be protected and preserved because of their outstanding size, prominence, and/or health. Setback variations and variance applications will be seriously considered to assist preservation where landmark trees may constrain reasonable development of permitted uses. Existing development on similar sites in the same zone and having similar topographic and vegetation characteristics shall be considered when determining reasonable development on property containing landmark trees. Local landmark trees may be removed in situations where the tree is determined to be unhealthy, present a safety hazard, or prevents reasonable development of permitted uses on the property as set forth in Paragraphs 37-10 and 37-11 above.

B.Upon receipt of an application for a tree removal permit of a tree designated as a local landmark tree as defined below, the City Forester will inspect the subject tree(s) and upon determination that tree removal is not warranted by reasons of health, proximity to existing structures, walkways, and/or as host to a plant or insect or disease which endangers other adjacent healthy trees, a permit for tree removal shall be denied.

C.To be eligible for consideration as a local landmark tree, trees must meet the following minimum objective criteria:

1. Oak trees.

a.Ten inch (10") trunk diameter measured at a point four feet, six inches (4'6") above natural grade;

b.Twenty feet (20') in height measured from natural grade to the top of the canopy;

c.Prominently visible from public streets, public parking areas, parks or open space, from a minimum distance of one hundred feet (100').

2. Conifers.

a.Twelve inch (12") trunk diameter measured at a point four feet, six inches (4'6") above natural grade;

b.Thirty feet (30') in height measured from natural grade to the top of the canopy;

c.Prominently visible from public streets, public parking areas, parks or open space, from a minimum distance of one hundred feet (100').

3. Non-native ornamental.

a.Ten inch (10") trunk diameter measured at a point four feet, six inches (4'6") above natural grade;

b.Fifteen feet (15') in height measured from natural grade to the top of the canopy;

c.Prominently visible from public streets, public parking areas, parks or open space, from a minimum distance of one hundred feet (100').

D.The Planning Commission shall review trees proposed for local landmark designation that meet the minimum objective eligibility criteria, and may designate any such tree landmark only if it also meets at least one of the following requirements:

1.Possesses special beauty, or horticultural or historic interest;

2.Is of such substantial size or prominence that it has significant visibility from City streets, parks, or open space;

3.Is of such substantial size that it makes a significant contribution to the forested skyline of the City;

4.Is a rare or unusual species for this area;

5.Is a particularly outstanding representative of the species.

E.Local landmark trees shall be healthy, indicate at least a seventy percent (70%) chance of surviving more than ten (10) years, and be able to be maintained without excessive threat to the public health, safety, and welfare.

F.Review and designation of local landmark trees shall involve notification to the owner of the property on which the tree is located and to adjacent owners prior to any hearing to determine suitability for such designation. Consent of the owner of the tree shall be required. Decisions of the Planning Commission regarding such designation may be appealed to the City Council in the same manner as set forth in Monterey City Code Chapter 38, Article 27. The City shall place a tag on all designated landmark trees bearing substantially the following statement: “LOCAL LANDMARK TREE - do not trim or remove without City approval.”

G.Trees designated as local landmark trees should be inspected by the City Forester at least twice each year at no cost to the property owner; provided, that the City Forester shall not enter on private property without prior permission of the property owner or occupant. (Ord. 3715 § 15, 2025)

A.Appeals of Community Development Department development-related tree permit approvals, conditional approvals, or denials shall be handled pursuant to the applicable development permit appeal provisions contained in Chapter 38 of this code.

B. Procedures for Appeals Hearing Board Review.Appeals of City Forester tree permit approvals, conditional approvals, or denials shall be heard by the Appeals Hearing Board. An appeal may be brought by any interested party and shall be in writing upon forms provided by the City, accompanied by the required fee, which shall be established by the City Council, and must be filed with the Department of Parks and Recreation within 10 calendar days from the date of the City Forester’s decision to approve, deny or condition the permit. If no appeal is filed within this time period, the City Forester’s permitting decision shall become final. The following procedures shall apply to tree permit appeals before the Appeals Hearing Board:

1.Upon receiving a written request for hearing, the Secretary of the Board shall set a time and place for the hearing not less than 10 days nor more than 60 days thereafter. Notice of the time, date, and place of such hearing shall be mailed to the appellant, to the applicant, and to any other person who has requested such notice in writing.

2. De Novo Hearing.The Appeals Hearing Board shall hear the appeal as a new matter. The original applicant has the burden of proof.

3.An appeal stays all actions and rights on the matter being appealed unless it is determined and certified by the City Forester that a stay would cause imminent peril to life and property.

4.The hearing shall be conducted with a staff presentation of the matter prior to the public hearing. Any member of the public, including the appellant, if applicable, and the applicant shall have the right to be heard by the reviewing body either in person or by counsel. Formal rules of evidence and discovery do not apply in the proceedings under this section and the Board may consider any evidence or information deemed relevant and reasonably reliable.

C. Standards for Appeals Hearing Board Review.The Appeals Hearing Board may approve, deny, or conditionally approve the application, based on the criteria set forth in this section. Decisions of the Board shall consider the information and input from City staff and the City Forester and, in addition to criteria related to tree health and tree safety, the Board may render its decision based on the following standards:

1.The visual prominence, value and importance of the tree on the site or in the community.

2.The tree’s contribution to the aesthetic beauty of the area and the effect its removal would have on the neighboring property values.

3.Evidence or testimony presented by the applicant that demonstrates the extent of concern or anxiety caused by the tree.

4.The acceptance of mitigation measures including, but not limited to, those set forth in Section 37-11.

D.Notice of the decision of the Board shall be provided to the appellant, where applicable, and the applicant in the same manner as the notice of the hearing. The decision of the Board shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. (Ord. 3611 § 4, 2020; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Nothing in this ordinance shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep the trees upon the property and under their control in a safe, healthy condition.

Notwithstanding the availability of criminal penalties for violation of the provisions of this Chapter, any person who violates any provision of this Chapter shall be subject to the administrative citation and administrative remedies processes set forth in Article 2 of Chapter 1 of the City Code, and shall also be liable to the City by way of civil penalty. The amount of said penalty shall be established and conform to standards adopted by City Council Resolution. (Ord. 3424 § 13, 2009)