Morgan Hill Municipal Code Ch. 12.32 Protected and Significant Trees

Footnotes:

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Editor's note— Ord. No. 2363, § 1, adopted March 5, 2025, amended Ch. 12.32 in its entirety to read as herein set out. Former Ch. 12.32, §§ 12.32.010—12.32.140, pertained to similar subject matter, and derived from Ord. No. 2205 N.S., adopted June 15, 2016; Ord. No. 2276 N.S., adopted May 2, 2018; Ord. No. 2327 N.S., adopted Dec. 15, 2021.

The city council finds and declares:

A. The intent of promoting the preservation and establishment of a diverse, abundant tree canopy in the city is vital to the health and character of the community. The existing and future trees and tree communities located in the city are a valuable and distinctive natural resource. The trees and tree communities of the city enhance the economic base through agricultural production, encouragement of tourism and enrichment of the living environment.

B. The following environmental consequences are among those which could result from the indiscriminate removal or destruction of trees and tree communities in the city:

1. Modification of microclimates;

2. Change or elimination of animal habitat, possibly including habitats of endangered species;

3. Change in soil conditions, resulting in modified biological activity and erosion of soils;

4. Creation of increased susceptibility of flood hazards;

5. Increased risk of landslides;

6. Increased cost of construction and maintenance of drainage systems through increased flow and diversion of surface waters;

7. Degradation of the human habitat;

8. Loss of environmental benefits of trees in neighborhoods, such as noise reduction, oxygen replacement, carbon dioxide reduction, interception of particulates and aesthetic qualities; and/or

9. Potential for irreparable wind damage to adjacent trees.

C. The preservation and replacement of significant tree communities on private and public property is necessary to protect the ecology of the area and prevent undesirable changes to the natural and built environment.

D. It is necessary to enact the ordinance codified in this chapter for the reasons stated in this section and to promote the public health, safety, general welfare and prosperity of the city, while respecting and recognizing individual rights to develop, maintain and enjoy private property to the fullest possible extent, consistent with the public interest, convenience and necessity.

(Ord. No. 2363, § 1, 3-5-2025)

For the purposes of this chapter, the following words shall have the meaning ascribed to them in this section:

A. "Arborist" means any person certified in the professional care, examination, and maintenance of trees.

B. "City" means the city of Morgan Hill, California, acting by and through its authorized representatives.

C. "Community of trees" means a group of trees of any size which are ecologically or aesthetically related to each other, with a combined canopy cover of more than ten percent, and that loss of such community would cause a significant ecological, aesthetic, or environmental impact in the immediate area.

D. "Development services director" means the development services director of the city, including their authorized or appointed representatives.

E. "Diameter at breast height (DBH)" means the standard measurement for a tree trunk diameter, measured 4.5 feet above the average ground level.

F. "Native tree" means any tree which is native to the Morgan Hill region. Such trees include, but are not limited to, oaks (all types), California Bays, Madrones, Sycamore, and Alder.

G. "Nonnative tree" means any tree that is not native to the Morgan Hill region.

H. "Person" means an individual, public agency, including the city and its departments, firms, associations, and corporations, and their employees, agents, or representatives.

I. "Private property" means all property not owned by the city or any other public agency.

J. "Prohibited tree" means any trees that become liabilities due to structural weaknesses, disease or insect susceptibility, short life, destructive root systems, or requiring excessive watering or maintenance as defined in Chapter 12.28.050.

K. "Protected tree" means any native tree, significant tree, any tree designated for protecting during review and approval of a development project, public or street trees, and otherwise designated as significant status.

L. "Prune" means the selective removal or modification of twenty-five percent or more of the tree branches, roots, buds, or limbs in such a manner that impacts the structure of the tree.

M. "Public tree" means any tree located in any street, park, or public place or planted or maintained by the city.

N. "Public property" means all property owned by the city, and any other city, county, city and county, special district, or other public agency in the incorporated area of the city.

O. "Significant tree" means any live woody plant rising above the ground with a single stem or trunk a diameter at breast height (DBH) of thirteen inches or more for nonnative tree species and a diameter at breast height (DBH) of six inches or more for native tree species. All commercial tree farms and orchards (including individual fruit trees) are exempted from the definition of tree for the purpose of this chapter.

P. "Street tree" is a tree, of any size, situated within the public street right-of-way or publicly accessible private street (e.g., trees within a landscape park strip), or within five feet of a publicly accessible sidewalk adjacent to a public or private street in the case of a street without a landscape park strip.

Q. "Trimming" means the removal of less than twenty-five percent of the canopy, including overgrown or obstructing branches from a tree to maintain the shape and health of the tree, and to protect nearby structures or utilities.

(Ord. No. 2363, § 1, 3-5-2025)

It is unlawful for any person to cut down, prune, remove, poison, or otherwise kill or destroy, or cause to be removed, any protected tree, significant tree, street tree, public tree, or a community of trees on any public or private property without first securing a permit as provided in this chapter; provided, however, that a permit shall not be required for commercial tree farms.

Any person desiring to cut down, prune, remove, destroy, or cause to be removed any tree regulated in this chapter shall apply to the development services department for a tree removal permit application provided by the department. The application shall be accompanied by such drawings including a site plan, written material such as a statement of request, photographs, arborist report, and other necessary information concerning trees within the affected area and which shall include:

A. The diameter and height of the tree;

B. The species of each tree;

C. A site plan or accurate sketch of location and trees proposed to be cut down, pruned, removed, or destroyed (showing other significant trees, shrubs, buildings or proposed buildings; photographs may be used to show the area);

D. Method for marking the tree proposed to be cut down, pruned, removed, or destroyed;

E. Description of methods to be used in cutting down, pruning, removing, or destroying the tree;

F. Description of tree planting or replacement program;

G. Reasons for proposing to cut down, prune, remove, or destroy the tree;

H. Address where tree is located;

I. Percentage of tree canopy to be removed or pruned;

J. Arborist report indicating general health of tree to be cut down, pruned, removed, or destroyed; and

K. Other information or materials which the development services director may require.

L. Payment of fees shall be due upon submittal of a tree removal application as designated on the current fee schedule. The date of submittal shall be designated by receipt of payment.

(Ord. No. 2363, § 1, 3-5-2025)

Within five days after submission of a completed application, the applicant shall post a public notice of the tree removal or pruning application request, provided by the development services department, in at least two conspicuous locations clearly visible to the public on or close to the property affected, indicating the date of the application, a brief description thereof, identification of the subject property, the address to which comments may be directed and from which further information may be obtained, and the final date for receipt of comments. No action shall be taken upon any application until the applicant has filed an affidavit that such posting has been completed and posted for ten days.

(Ord. No. 2363, § 1, 3-5-2025)

The development services director or their designee shall review the application and, if necessary, inspect the site, and shall determine on the basis of the information provided, the site inspection, and the criteria contained in this chapter whether to grant, grant with conditions, or deny the permit. Such action shall be taken within thirty days after receipt of the affidavit referred to in the preceding section and after the expiration of the ten-day public noticing period. Upon taking action, the development services director or their designee shall provide the applicant with a written statement indicating the action taken, any conditions of approval imposed, and the findings made in support thereof.

(Ord. No. 2363, § 1, 3-5-2025)

The development services director or any other person or body charged with determining whether to grant, conditionally grant, or deny a tree removal permit may approve a permit only if one or more of the following findings are made:

A. Removal of the tree is warranted because the tree meets one of the following conditions:

1. Is diseased as demonstrated in a report provided by a qualified arborist or tree surgeon documenting the extent and nature of the disease and how the diseased conditions warrants the trees removal,

2. Could adversely affect the general public health and safety,

3. Could cause substantial damage,

4. Is a public nuisance (e.g., obstructing the public right-of-way),

5. Is in danger of falling,

6. Is too closely located to existing structures,

7. All practical design alternatives for site layout have been exhausted without being able to design around the tree(s), etc.

8. Interferes with utility service,

9. Acts as a host for a plant which is parasitic to another species of tree which is in danger of being infested or exterminated by the parasite,

10. Is a substantial fire hazard,

11. Is necessary for the continuing agricultural use of the property, or

12. Is a street tree that is not identified on a list of suitable street trees maintained by the development services director.

B. The required action is necessary:

1. To utilize the property in a manner which is of greater public value than any environmental degradation caused by the action, or

2. To allow reasonable economic or other enjoyment of the property.

C. The tree will be replaced by plantings approved by the development services director, unless special conditions indicate otherwise.

(Ord. No. 2363, § 1, 3-5-2025)

In granting any permit as provided in this chapter, the development services director, planning commission, or city council may attach reasonable conditions to ensure compliance with the intent and purpose of this chapter including, but not limited to:

A. All protected or significant trees proposed for removal shall be replaced at a 1:1 ratio with a similar native tree species of at least minimum fifteen-gallon in size. In the case of nonnative trees to be removed, the replacement tree shall be a native species and at least minimum fifteen-gallon in size. The development services director may require additional replacement trees as necessary to mitigate the impact from the loss of tree canopy.

B. Use of measures to affect erosion control, soil and water retention and diversion or control of increased flow of surface waters;

C. Use of measures to ensure that the contemplated action will not have adverse environmental effects relating to shade, noise buffers, protection from wind, air pollution and historic features; and/or

D. Posting of a bond to ensure maintenance of substitute landscaping pursuant to the requirements of Chapter 18.64 (Landscaping) of this code.

(Ord. No. 2363, § 1, 3-5-2025)

Filing of an application for a tree removal permit shall constitute a grant of permission for city personnel concerned with administering this part to enter the subject permit area during normal working hours from the date of application to the completion of any approved action for the purpose of inspecting the area for compliance with the provisions of this chapter and applicable law.

(Ord. No. 2363, § 1, 3-5-2025)

The development services department may cause sufficient inspections to be made of the permit area to assure compliance with the provisions of this chapter and the requirements of any applicable law. Upon completion of any inspection, the permittee shall be given a written notice of any violations observed at the time of inspection for correction thereof.

(Ord. No. 2363, § 1, 3-5-2025)

If work authorized by an approved permit is not commenced within a period of one year from the date of approval, the permit shall be considered void.

(Ord. No. 2363, § 1, 3-5-2025)

In case of emergency caused by the hazardous or dangerous condition of a tree and requiring immediate action for the safety of life or property, such necessary action may be taken to remove the tree or otherwise reduce or eliminate the hazard without complying with the other provisions of this chapter, except that the person responsible for the cutting or removal of the tree shall report such action to the development services director within five working days thereafter and provide retroactive payment of the tree removal permit fee.

(Ord. No. 2363, § 1, 3-5-2025)

The applicant or any other person who is aggrieved by the issuance or denial of the permit or any conditions thereof may appeal in the manner set forth in Chapter 18.112 (Appeals).

(Ord. No. 2363, § 1, 3-5-2025)

It is unlawful for any property owner, lessee, their agent, or representative to engage in removal or pruning or any other action that would result in tree removal or pruning without a valid tree removal permit. In addition to any other remedies that may exist by law, such party shall be liable to the city for an administrative penalty to be determined by the development services director as follows:

A. A fine equal to three times the valuation of the removed tree, as determined by a certified arborist; or

B. The amount of the cost of replacing a removed public tree with a new tree as comparable to the removed tree as is reasonably feasible; or

C. A fine equal to three times the amount of the current tree removal application permit fee.

(Ord. No. 2363, § 1, 3-5-2025)