Morro Bay Municipal Code Ch. 12.08 City Tree Regulations

Footnotes:

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* For statutory provisions regarding municipal programs of street tree plantings, see Gov. code § 40401. Prior code §§ 9501, 9502, 9504—9516 as amended by Ords. 45, 225 and 436.

It is in the best interest of the city and of the citizens of Morro Bay that a comprehensive plan for the planting and maintenance of trees in, on or within the public right-of-way (R/W) within the city should be established. This chapter is adopted for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees.

(Ord. 490 (part), 2002)

A. "Director of public services" means the director of public services of the city.

B. "Owner" includes the legal owner of real property fronting on any street of the city, and any lessee of such owner.

C. "Person" means an individual, firm, an association, a corporation, a copartnership, and the lessees, trustees, receivers, agents, servants and employees of any such person.

D. "Planning commission" means the planning commission of the city.

E. "Public streets" or "streets" includes all roads, streets, avenues, boulevards, alleys, parkways, sidewalks, walkways and public rights-of-way, or any portion thereof, of the city.

F. "Drip line" is the shape drawn on the soil or ground surface around a tree which is directly under its outermost branch tips, exclusive of the influence of mechanical trimming.

G. "Landmark tree" is any tree existing within city limits, which has been so designated by resolution of the city council, after review and recommendation by the city's public works advisory board.

H. "Specimen tree" is a tree that obviously belongs to a particular category but is of particular interest due to its individual distinguishing characteristics, such as color, texture, scent, or other pleasures it provides.

(Ord. 490 (part), 2002)

(Ord. No. 563, § 1, 10-11-10)

The director of public services or his/her duly authorized representative shall be charged with the enforcement of this chapter.

(Ord. 490 (part), 2002)

The planning commission is charged with the duty of determining the types and species of trees suitable and desirable for planting within the city, and the areas in which such trees shall be planted. Such determination shall be made by the planning commission who may consult with those familiar with the subject of such plantings, such as landscape architects, arborists, nurserymen and park executives. After such determination has been made, the planning commission shall report its findings in writing to the city council. When approved by the city council, said report, to be known as the master tree list, shall be placed on file in the office of the city clerk, and shall thereafter be the official determination of the planning commission. Revisions or changes in the master tree list may be made from time to time by the planning commission, in the manner described in this section for the development, approval and filing of the original master tree list.

All trees planted in the public rights-of-way of the city after the filing of the original master tree list must be specified on the master tree list, unless a written permit from the director of public services shall have first been obtained to deviate from said list. Such permit may be granted by the director of public services upon the showing of evidence that an alternate tree would best serve the public interest.

(Ord. 490 (part), 2002)

The director of public services, or his duly authorized representative, shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public rights-of-way of the city, and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof.

(Ord. 490 (part), 2002)

No person other than the director of public services or his or her duly authorized agent or deputy shall cut, trim, prune, spray, brace, plant, move or remove, or replace any tree in any public right-of-way (R/W) within the city, or shall cause the same to be done, unless and until a written permit to do so shall have been first obtained from the director of public services. Any such permit may be declared void by the director of public services if its terms are violated.

In addition to any measures allowable by the laws of the state of California, any person, persons, corporations or similar parties which perform, direct or otherwise cause to be performed, any trimming, cutting, pruning, spraying, moving or removing of any tree, or portions thereof, within the public right-of-way, without having first obtained a written permit from the director of public services, or failing to comply with any terms of the permit, shall pay to the city a fee based upon tree valuation criteria established by the International Society of Arboriculture (ISA). This fee shall be calculated by the director of public services based upon the most current ISA criteria and shall further acknowledge the environmental benefits afforded by the urban forest.

Any and all fees collected by the city from the enforcement of the requirements of this section shall be deposited and used for the sole and exclusive purposes of propagation, maintenance, and nurturing of trees within the public rights-of-way and parks of the city.

Recognized landmark trees will be protected and proactively maintained for long-life/health, under the authority of the director of public services. Landmark trees may also be identified with a sign or plaque, as approved by the public services director. The sign or plaque shall be provided and maintained by the nominee at no expense to the city of Morro Bay.

(Ord. 490 (part), 2002)

(Ord. No. 563, § 1, 10-11-10)

No tree shall be removed from a public right-of-way unless it interferes with the necessary improvement of the public right-of-way, the installation of public utilities or is a hazard to person or property outside the drip line of the tree at maturity, or creates such a condition as to constitute a hazard or an impediment to the progress or vision of anyone traveling on or within the public right-of-way. If, in the opinion of the director of public services, a tree is determined to meet the above criteria, posted for a minimum of ten days and all property owners and residents within three hundred feet shall be notified of the scheduled tree removal. If an appeal is not filed pursuant to Section 12.08.080 then the tree shall then be removed and a new tree planted in the same location or in close proximity to the location where the tree was removed. The replacement tree shall be of the type as specified in the master tree list for that particular location, and the cost of removal and replacement shall be at the expense of the city. Except in the case of an emergency as determined by the director of public services, no tree shall be trimmed or removed during nesting season, which is February 1st through June 30th.

(Ord. 531, 2007: Ord. 498, 2003: Ord. 490 (part), 2002)

Any person aggrieved by the determination of the public works director may file an appeal to the planning commission following the payment of the applicable fee. A public hearing shall be held following public notice of property owners within three hundred feet per Section 17.36.060. Said public notice shall also include posting of the subject tree(s) with two placards that are clearly visible indicating the purpose, time, date, and location of the hearing.

The appellant shall submit a report prepared by a certified arborist or landscape architect describing the condition of the tree(s) and the reason(s) for the removal of the tree(s) from the public right-of-way. Trees shall not be removed solely for the preservation of private views.

A tree(s) shall not be removed unless authorized by the proper review authority within the scope of a construction project. Said removal shall be appropriately mitigated on a not less than two-to-one tree replacement. Said tree(s) shall be maintained in a healthy, live condition for a period of five years.

Following the public hearing, the planning commission shall grant or deny the appeal. The granting of the appeal by the planning commission may be subject to conditions deemed appropriate to mitigate the impacts to the community and neighborhood due to the removal of the tree(s). Any person aggrieved by the decision of the planning commission may file an appeal to the city council. The city council shall then conduct a public hearing under the same provisions as stated above.

(Ord. 490 (part), 2002; Ord. No. 654, § 10, 11-22-22)

In the event the planning commission or city council grants an appeal to remove a tree(s) per Section 12.08.080, all costs of the removal shall be at the expense of the appellant. All street surfaces, curbs, gutters, sidewalks and other public improvements damaged by the removal of said tree(s) shall be repaired and/or replaced by the property owner in a condition acceptable to the director of public services. The director may require a performance bond in an amount sufficient to cover the costs of repair and replacement of the public improvements per the adopted city standards.

(Ord. 490 (part), 2002)

Any person removing a tree under the provisions of Sections 12.08.080 and 12.08.090 shall, at their own expense and within thirty days after such removal, plant another tree of the type and species specified in the master tree list for such area in a location designated by the director of public services. If such person fails to plant the replacement tree or fails to comply with the requirements of the planning commission or this section within the time specified, the director of public services may perform such tasks as are required, and the cost thereof shall be assessed to such person. This remedy is in addition to all other measures, including punitive measures, available to city arising out of such noncompliance.

(Ord. 490 (part), 2002)

Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the state and any constituted public agency authorized to provide, and providing utility service, shall be given a permit from the director of public services valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets of the city, or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of the commission and as may be necessary to maintain the safe operation of its business. See Master Fee Schedule.

(Ord. 490 (part), 2002)

No person shall be entitled to apply for a permit under Section 12.08.070 other than an owner of property abutting the portion of the street upon which a tree is located and on the same side of the centerline of the street as the tree which is the subject of the permit application or a public utility. No person may perform any act pursuant to a permit issued under Section 12.08.070, except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the director of public services, is qualified for such business, and who has obtained a permit to carry on such business in the city from the director of public services. Prior to the issuance of such a permit, a valid business license must be secured from the city clerk. Permits issued pursuant to this section may be granted for a period of one year from the date of issuance. See Master Fee Schedule.

(Ord. 490 (part), 2002)

It is unlawful for any person to break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any public right-of-way in the city. Nor shall any person place, apply, attach or keep attached to any such tree or to the guard or stake intended for the protection thereof any wire, sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever without having first obtained permission from the director of public services. See Master Fee Schedule.

(Ord. 490 (part), 2002)

The director of public services may inspect any tree within or overhanging any public right-of-way in the city to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such public street or within the public R/W. Any tree or part thereof growing upon private property, but overhanging or interfering with the use of any street that, in the opinion of the director of public services, endangers the life, health, safety, or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within thirty days after receipt of written notice thereof from the director of public services, he shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner.

Nothing contained herein shall be deemed to impose any liability upon the city, its officers, or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his property or under his control in such a condition as to prevent it from constituting a public nuisance as defined in this chapter.

(Ord. 490 (part), 2002)

Any Morro Bay resident may nominate a tree within the right-of-way to be considered for landmark tree designation. The nominated tree shall meet at least three of the seven criteria listed below. All nominated landmark trees shall be reviewed by the public works advisory board. The recommendation of the public works advisory board shall be forwarded to the city council for official landmark tree designation.

Landmark tree criteria:

A. Any specimen tree or grove of significant size, beauty, cultural heritage or habitat value;

B. Specimen tree or grove of significant habitat value for migratory birds and butterflies;

C. Native trees or groves of historical significance to local indigenous cultures;

D. Specimen tree or grove of agricultural significance and history;

E. Specimen tree or grove older than eighty to one hundred years;

F. Any trees playing very important functional role in city parks or for city planning and maintenance;

G. Specimen trees or groves of significance planted by early settlers of Morro Bay.

(Ord. No. 563, § 1, 10-11-10)