National City Municipal Code Ch. 13.18 Tree Preservation of City-Owned Trees and Parkway Landscaping

Footnotes:

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Editor's note— Ord. No. 2019-2466, § 1, adopted Nov. 19, 2019, repealed the former Ch. 13.18, §§ 13.18.010—13.18.080, and enacted a new Ch. 13.18 as set out herein. The former Ch. 13.18 pertained to street trees and parkway landscaping and derived from Ord. 1426 § 2(part), adopted in 1974.

A. National City's urban forest provides a number of social and environmental benefits, both tangible and intangible. A healthy urban forest can improve local air quality and human health, as trees absorb carbon dioxide and other pollutants and replenish oxygen. The biological diversity of wildlife and plant communities is enhanced by the favorable conditions created by trees. Extensive tree canopies reduce the urban heat island effect, thereby (1) reducing the amount of heat absorbed and the need for air conditioning, thus reducing energy use and the emission of greenhouse gases, and (2) making streets and sidewalks more pleasant places to walk and extending the life of street paving. Also, a healthy urban forest can decrease wind speed, reduce the negative effects of solar glare, reduce stormwater runoff, stabilize soils, and assist in improving water quality.

B. Other benefits of urban forests to city residents include: increased traffic safety through the use of street trees; economic development through an improved aesthetic image of the city; increased property values and additional revenue generated by businesses, visitors and new residents attracted to the urban forest image of the city; and improved overall quality of life.

Therefore, the purpose of this chapter is also to:

C. Preserve and grow the city's canopy cover by protecting city trees and expanding the protection of city trees on public property.

D. Safeguard the city's urban forest by providing for the regulation of the protection, planting, maintenance, and removal of trees in the city.

E. Protect the visual and aesthetic character of the city.

F. Improve and enhance property values by conserving and adding to the distinctive and unique aesthetic character of the many areas of the city.

G. Improve the quality of life for residents, visitors and wildlife.

H. Maintain and enhance the general health, safety and welfare of the city and its residents by assisting in counteracting air pollution and in minimizing soil erosion and other related environmental damage.

I. Protect and maintain healthy trees in the land use planning processes as set forth in this chapter.

J. Establish procedures and practices for fulfilling the purposes of this city tree and tree protection ordinance.

K. Supplement the city's policies and administrative procedures.

(Ord. No. 2019-2466, § 1, 11-19-2019)

No landscaping, maintenance of landscaping, or construction may be done by any person within any parkway of the city, or cause or permit the same to be done, except in accordance with the provisions of this chapter.

(Ord. No. 2019-2466, § 1, 11-19-2019)

The city manager, or designee, shall have the authority and jurisdiction to regulate the management, maintenance, planting, care, and removal of certain trees within the public right-of-way or on public property to ensure safety, protect the environment, or to preserve or enhance the aesthetics of such public sites.

(Ord. No. 2019-2466, § 1, 11-19-2019)

A. "Approved tree species master list" means a listing of trees as approved by the city council that are deemed appropriate for planting on a city-wide basis, or in limited areas as determined by the tree manager. This listing shall consider, as appropriate, ultimate tree canopy and root growth; compatibility with nearby buildings, sidewalks, and streets; shade canopy provided; and fire resistance. It shall also include a listing of invasive or otherwise undesirable trees that the city has determined shall not be planted within the city by public or private parties as part of a development plan. The approved tree species master list shall be maintained by the tree manager and shall be made available to the public.

B. "ANSI Z133" is the professional arboriculture best management practices developed under the American National Standards Institute and written by the Accredited Standards Committee for safety in tree trimming operations.

C. "ANSI A300" is the professional arboriculture best management practices developed under the Tree Care Industry Association and written by the Accredited Standards Committee for overall tree health management and maintenance.

D. "City" shall mean the city of National City.

E. "City engineer, or designee" means, for purposes of this tree preservation ordinance, the person in the public works department who shall serve as the city's tree resource and shall advise the city manager and all departments on urban forestry matters.

F. "City tree" means a tree within the city's public rights-of-way, parks, or other public places and is maintained by the city.

G. "Dripline area" means the area from the trunk of a tree to the outermost edge of the tree canopy.

H. "Emergency removal" means that a tree must be immediately removed due to an imminent threat to persons or property due to structural defect, insect or disease, or imminent failure, as determined by a qualified arborist.

I. "Excessive pruning" means removing more branches, stems, and roots than necessary to accomplish the desired objective. Typical maintenance requires that no more than twenty-five percent of a tree's total number of major branches or canopy volume be removed in a single year. Any maintenance that requires pruning in excess of the twenty-five percent threshold described this section can injure a tree and is prohibited unless approved by the tree manager.

J. "Ground cover" means grass, turf, or perennial plants that normally grow in a flat, horizontal manner so as to conceal, or with the purpose of concealing, the ground surface, that do not normally exceed eight inches in height, and that will tolerate light pedestrian traffic.

K. "Hazard" or "hazardous" means a tree, or part of a tree, that has been assessed for risk and found to be very likely to fail and cause severe consequences by causing injury, damage, or disruption.

L. "Injury" means any damage to a tree resulting from any activity, including but not limited to excessive pruning, cutting, topping, trenching, excavating, altering the grade, paving or compaction within the tree protection zone, including deliberate damage such as vandalism.

M. "International Society of Arboriculture (ISA)" is a tree care industry (private and public) membership association and credentialing program for the professional practice of arboriculture.

N. "Landscaping" means the use of architectural and horticultural materials to provide control of erosion, dust, weeds and accumulation of litter in a manner complementary to the purpose of adding natural environmental quality to a premises. Landscaping also includes trees, shrubs, ground covers and other planting materials providing shade, visual screening, aesthetic enhancement, soil conservation, and reduction of fire hazards, reduction of harborages of rodents, reduction of vermin and reduction of disease-bearing creatures.

O. "Landscaping maintenance" includes sufficient irrigation, fertilization, pruning, trimming and training to keep plants in a healthy, vigorous condition. Removal of dead materials, weeds and accumulated litter, rubble or other foreign substances is required. Maintenance also includes re-seeding, replacement of dead plants and planting where necessary to restore a landscaped area to the level of "coverage" required of a new installation.

P. "Maintain" or "maintenance" means pruning, spraying, fertilizing, watering, treating for disease or injury, or other similar acts which promote the growth, health, safety, beauty, and the life of trees.

Q. "Maintenance plan" means a plan of maintenance adopted by the city council for maintenance of city trees that incorporates ISA standards, ANSI A300, and ANSI Z133 best management practices.

R. "Park" means and includes any park owned, operated, or maintained by the city.

S. "Parkway" means that part of the public street right-of-way between the curb, or edge of paved roadway where there is no curb, and the property line separating the street right-of-way from abutting private property. Parkways are generally used for public sidewalks, public utility poles, fire hydrants, street signs and other public facilities. The remaining parkway area is generally "landscaped."

T. "Pruning" means the selective removal of plant parts to meet specific maintenance goals and objectives.

U. "Public nuisance" shall have the same meaning as defined in Section 18.44.160.

V. "Public places" means and includes all grounds, other than streets or parks, owned by, leased to, or otherwise under the control of the city.

W. "Risk" is the combination of the likelihood of an event and the severity of the potential consequences.

X. "Shrub" means any woody perennial plant commonly achieving a height of less than ten feet in height at maturity and usually having multiple stems.

Y. "Street tree" means and includes any woody perennial plant typically having a single trunk commonly achieving ten feet in height or greater at maturity and capable of being pruned to develop a branch-free trunk at least nine feet in height and that is located within city rights-of-way.

Z. "Topping" means the leader and branch stub cutting of a tree to a lower height. "Topping" also means the reduction of tree size using internodal cuts without regard to tree health or structural integrity.

AA. "Tree protection and preservation plan" means a plan that outlines measures to protect and preserve trees on a project. This plan shall include requirements for preconstruction; treatments during demolition and/or construction; establishment of a tree protection zone; tree monitoring and inspection schedule.

BB. "Tree protection zone" means the area around a tree typically from five feet beyond the drip line to the trunk, as determined by the city engineer, or designee. No soil disturbance or other activity is permitted within the tree protection zone unless otherwise approved by the city engineer, or designee.

CC. "Urban forest" means the trees and shrubs that comprise the tree canopy in the city's rights-of-way, streets, parks, and under the circumstances specified in this chapter, private property.

DD. "Urban forest management plan" means a plan that summarizes the ordinances, policies and procedures as approved by the city that provide direction and goals regarding the planting, maintenance, health care, protection of trees, and long-term health of the urban forest.

EE. "Urban forest management program" means the ordinances, plans, policies and procedures as approved by the city that provide direction and goals regarding the planting, maintenance, care, and protection of trees.

(Ord. No. 2019-2466, § 1, 11-19-2019)

A. The city engineer, in consultation with qualified tree specialist(s), as necessary, shall serve as the city's tree resource and shall advise the city manager and all departments on urban forestry matters. The city engineer, or designee, may plant, remove, or regulate and control the planting or removal of all city trees planted within the rights-of-way of any city street. The city engineer, or designee, may formulate and publish an approved tree species master list and maintenance plan subject to parks, recreation, and senior citizens' advisory board approval. The city engineer, or designee, shall also serve as staff liaison to the parks, recreation, and senior citizens' advisory board.

B. The city engineer, or designee, shall make inspections of all parkway landscaping. If any such inspection reveals that landscaping is not properly installed or maintained, the city engineer, or designee, shall cause written notice to be issued to the property owner responsible for such work. The notice must include a description of the required improvements and must set a reasonable time for compliance. Appeals may be taken from such written notice by filing a written appeal with the parks, recreation, and senior citizens' advisory board. After considering the evidence, the advisory board shall decide the property owner's appeal and issue its order on the appeal. The property owner may appeal the parks, recreation, and senior citizens' advisory board's decision to the city council, whose decision on the matter shall be final.

C. If any work required by an "order to comply" is not satisfactorily completed within the time specified therein, the city, or a subcontractor, may complete the necessary work. The city may charge the cost of such work to the property owner. Such a charge, if not timely paid in full by the property owner, in addition to other penalties, may be made a lien against that property in accordance with the city's abatement procedure.

(Ord. No. 2019-2466, § 1, 11-19-2019)

A. The parks, recreation, and senior citizens' advisory board shall review and provide comments on city plans and policies related to urban forestry, including updates to the various aspects of the city's Urban Forest Management Plan and, shall among other things:

1. Review and provide comments on a maintenance plan prior to consideration by the city council.

2. Review and provide comments on the approved tree species master list before consideration by the city council.

3. Review and provide comments to the city engineer, or designee, on proposed city tree removals except in the case of emergency removals.

4. Review and provide comments to the city engineer, or designee, on proposed changes to the city's urban forest management plan and urban forest management program.

(Ord. No. 2019-2466, § 1, 11-19-2019)

The urban forest management plan provides the city with an evaluation of the urban forest and its management, detailing recommendations for setting and achieving goals, and informs the city's residents of these evaluations and goals. The Urban Forest Management Plan provides a "road map" for managing the city's urban forest. As an ever-changing ecosystem, the city's urban forest requires appropriate management actions to optimize the benefits derived from it while meeting various city safety and economic goals. Specifically, the urban forest management plan evaluates the current condition of the city's urban forest, discusses its benefits, explores and addresses public needs and concerns, establishes urban forest goals and objectives, and outlines a set of actions to manage the urban forest and meet those goals.

(Ord. No. 2019-2466, § 1, 11-19-2019)

The city is to maintain a baseline tree inventory of all trees located within the city's rights-of-way by updating tree information as needed. The inventory is to include all street trees, stumps, and vacant sites located in street rights-of-way, medians, and city facilities. The tree inventory will include global positioning system mapping of each individual tree or vacant space. All collected data to be analyzed for species diversity, overall health, age distribution, maintenance requirements, and environmental benefits. Tree data to be used in the conjunction with urban forestry goals established in the urban forest management plan.

(Ord. No. 2019-2466, § 1, 11-19-2019)

All trees to be planted in city rights-of-way, parks, or other public spaces shall conform to approved tree palettes identified in adopted city and community master plans, general plans, specific plans, and any maintenance plans, and as reflected in the approved tree species master list contained in the urban forest management plan. Exceptions may be granted subject to recommendation by the parks, recreation, and senior citizens' advisory board and the review and approval of the city engineer, or designee. The initial approved tree species master list shall be reviewed and approved by the city council. Minor revisions may be made by the city engineer, or designee, following review by the parks, recreation, and senior citizens' advisory board.

(Ord. No. 2019-2466, § 1, 11-19-2019)

All city trees shall be maintained in accordance with the city's Urban Forest Management Plan, which may be reviewed periodically by the parks, recreation, and senior citizens' advisory board. The city shall consider the long-term sustainability of the tree canopy in various areas of the city and proactively maintain or remove trees in a manner that promotes the long term sustainability and enhancement of the city's urban forest. The city will use the most current ISA standards and ANSI A300 best management practices to protect, where practicable, existing trees from the impacts of development and maintenance projects.

(Ord. No. 2019-2466, § 1, 11-19-2019)

A. Trees located within public street parkways will be pruned by city forces, or city subcontractors, and not by private property owners. Public utility companies may prune such trees without written permission from the city, if the existence of the tree creates a significant possibility that the continuation of safe, efficient and reliable service to the customers being served may be impaired. Pruning of city trees must conform to the pruning practices specified in ISA standards, ANSI A300, and ANSI Z133 best management practices. Topping of any city tree shall be prohibited as it is not an acceptable pruning practice, unless authorized by the city manager in writing after consultation with the parks superintendent.

B. All woody and leaf materials resulting from the pruning operation must be properly recycled consistent with Chapter 9.52.

C. Any person who wishes to plant, cut down, trim, prune, remove, or in any way interfere with the natural growth of any city tree planted within any parkway, city street rights-of-way, or on other city property, must receive written permission from the city engineer, or designee, before starting such work. The director is authorized to require all, or any part of, approved work to be performed by or under the supervision of city employees or subcontractors. The city engineer, or designee, must provide advice and consultation to aid in the elimination of any hazard, undesirable landscape effect, or disease infestation where such action is beneficial to the overall street or block in which the city tree is located. If the desired action by the applicant is refused, the applicant may request a hearing before the parks, recreation, and senior citizens' advisory board for further review.

D. Public utility companies may not remove a city tree without first obtaining written permission to do so from the city engineer, or designee.

E. Maintenance of shrubs and ground cover, as well as watering and fertilizing city trees, does not require written permission from the city engineer, or designee.

F. Adjoining property owners must adequately maintain the parkway area. All landscaped parkways must be continuously maintained.

(Ord. No. 2019-2466, § 1, 11-19-2019)

Whenever sidewalks are required in conjunction with the issuance of any building permit, parkway landscaping shall also be installed.

(Ord. No. 2019-2466, § 1, 11-19-2019)

Parkways that are not landscaped shall be leveled to the grade of adjoining sidewalks, or adjoining curbs where there are no sidewalks, and shall thereafter be maintained free of weeds and accumulation of litter. Such work shall be the responsibility of the adjoining property owner.

(Ord. No. 2019-2466, § 1, 11-19-2019)

A. No person shall remove any city tree without submitting a written tree removal request to the city engineer, or designee, and receiving written approval for such removal from the city engineer, or designee.

B. Any city tree removed shall have its stump removed to a depth at least sixteen inches below the adjacent ground level, or as determined by the city engineer, or designee. If appropriate as determined by the city engineer, or designee, a minimum of one replacement tree of a type, size, and location shall be planted.

(Ord. No. 2019-2466, § 1, 11-19-2019)

A. Every effort should be made to protect city trees during construction. If construction activity, or the movement of equipment will take place within the dripline area of any city tree, a fenced tree protection zone shall be established by the city engineer, or designee, except that the fenced area shall not include private property. No person shall store any equipment, store any solid or liquid waste materials, or any other liquids which may be injurious to a tree, nor excavate any ditches, tunnels, trenches or drive within the tree protection zone. Should a construction project on private property involve digging, excavating or trenching within the tree protection zone, a tree protection and preservation plan must be prepared by the property owner and approved by the city engineer, or designee.

B. Tree protection and preservation plans shall use the most current ISA standards and ANSI A300 best management practices to protect existing trees from the impacts of development and maintenance projects.

C. No person shall place, or cause to be placed, any stone, cement, or other substance that would impede the free entrance of water or air to the roots of any tree planted along any street, or on other city-owned property. However, any substance described in this section may be installed if a radius of at least eighteen inches, measured from the trunk of the tree outward, exists all around the trunk of such tree.

D. No person shall deface, mutilate or attach or place any rope, wire, sign, poster, handbill or other thing to or on any city tree growing along any city street or public place, or to cause any wire charged with electricity to come in contact with such tree. Similarly, no person shall allow any brine, oil, liquid, dye, salt, or other substances injurious or harmful to plant life to lie, leak, flow, drip into or onto, or to come into contact with, the city tree or the soil around the base of such tree.

E. Nothing in this chapter is intended to prevent a private property owner from being able to develop their property.

(Ord. No. 2019-2466, § 1, 11-19-2019)

No person shall plant, or cause to be planted, any tree, shrub, or plant or ground cover in the parkway, except as provided in this chapter. Grass, turf, or other ground cover plantings may be planted in the parkway if such plantings are not allowed to attach themselves to or ascend the trunk of any tree. Planting, cutting, mowing, watering, fertilizing, and all other maintenance of grass, turf, or other ground cover in the parkway must be performed by the adjacent property owner, subject to the restrictions in this chapter.

(Ord. No. 2019-2466, § 1, 11-19-2019)

A. Unless performed pursuant to a city maintenance plan, or as part of an approved development, any work performed in the city's rights-of-way, parks, or other public areas shall require the written approval of the city engineer, or designee, before committing any of the following acts:

1. Removing, cutting, pruning, breaking, injuring, defacing, or in any other way interfering with any tree, or any part thereof, either above or below the ground.

2. Planting any tree or shrub not identified on the approved tree species master tree or council-adopted maintenance plan.

3. Spraying, or otherwise applying, any chemical on any tree or shrub.

4. Securing any rope, wire, sign, or other device on or about such tree or shrub.

5. Removing or injuring any guard or device intended to assist in the growth and health of a tree or shrub.

6. Closing or obstructing the base or branch of a tree or shrub that may limit the ability of the tree or shrub to grow or absorb water or nutrients.

B. Nothing in this chapter shall preclude a property owner from maintaining the parkway in front of the property owner's property as may be required by law.

(Ord. No. 2019-2466, § 1, 11-19-2019)

A. The city engineer, or designee, may declare any tree or shrub a public nuisance, and provide notice of such nuisance, as set forth in Section 18.44.160.

B. In addition to Section 18.44.160, any tree or shrub located on a city parkway neither planted with an approved permit, nor conforming to the approved tree species master list (at the time of the planting) may also be considered a nuisance if, for example, the species of tree is declared by the city engineer to be invasive, or if the species of tree poses a risk to the health and safety of residents. The public works department, or subcontractor of the city, is authorized to abate, or cause to abate, any tree or shrub described in this section by trimming, pruning, cutting or removing such tree or shrub in its entirety. The public works department, or subcontractor of the city, is also authorized to trim, prune, cut, or remove that portion of a tree or shrub described in this section as may be necessary to eliminate any interference, obstruction, or dangerous condition caused by such tree or shrub.

(Ord. No. 2019-2466, § 1, 11-19-2019)

Violations of this chapter shall be punishable as prescribed in Section 1.36.160. Nothing in this section, or Section 1.36.160, shall limit the city's ability to seek restitution for damage to city trees, or shrubs in accordance with valuation methodologies as outlined by the Tree Care Industry Association, the International Society of Arboriculture, the American National Standards Institute, or as outlined in the city's Urban Forest Management Plan, or additional penalties as established by law in the State of California.

(Ord. No. 2019-2466, § 1, 11-19-2019)

No species of trees or large shrubs shall be planted under overhead lines or over underground utilities if its growth might interfere with the installation or maintenance of any public utilities.

(Ord. No. 2019-2466, § 1, 11-19-2019)

If any one portion or section of this chapter shall be determined to be invalid, the remaining portions or sections shall remain in full force and effect.

(Ord. No. 2019-2466, § 1, 11-19-2019)