Chapter 10.04 — STREET TREE PLANTING AND MAINTENANCE

Prior ordinance history: Ord. 426 N.S.

A.

It is declared that the public interest and welfare requires the city to establish, adopt and maintain a comprehensive program for the installation, maintenance and preservation of trees within the city of El Paso de Robles.

B.

This chapter provides policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to beautify the city, purify the air, provide shade and wind protection, provide screening and buffering and to preserve trees with historic or unusual value subject to the availability of city funds for such purposes.

C.

It is declared to be the policy of the city to line all streets with trees that create a canopy for visual impact and shade, and to provide a consistent and adequate program for shade, and to provide a consistent with adequate program for maintenance and preservation of such trees. This policy provides for the planting of trees in all areas of the city and for the selection of appropriate species to achieve as much uniformity as possible for beauty and economy. It shall be the duty of the director of public works to enforce, implement and carry out this policy and the provisions of this chapter.

(Ord. 661 N.S. (part), 1993)

A.

"Director" means the director of public works, or his designated representative.

B.

"Maintenance" means the complete care of trees in planting strips, as well as the preparation of ground, fertilizing, mulching and watering.

C.

"Planting" means planting and replacement of trees.

D.

"Planting strips" means the area between the curb and property line and any area dedicated for planting of street trees.

E.

"Public right-of-way" includes every travel way set apart and accepted by the city for public travel or use in the city of El Paso de Robles, including the entire planting strip, sidewalk area and easements.

F.

"Street tree" means any tree planted within the public right-of-way or street tree easement, or so close thereto that the tree benefits the community as a street tree.

G.

The "master tree list" shall list the species of trees suitable and desirable for planting as a street tree.

H.

The "master tree plan" shall list the street name and the designated species of tree for that street.

I.

"Tree planting easement" means the area recorded on a lot or parcel for the purpose of containing any required street trees. Easements shall be required as a condition on all final subdivision maps. The easement shall be a depth of six feet, as measured from the property line, and shall extend across the street frontage of the lot.

(Ord. 661 N.S. (part), 1993)

The city of El Paso de Robles shall maintain a master tree list which lists the species of trees suitable and desirable for planting as a street tree. The master tree plan shall list the street name and the designated species of tree for that street. The master tree list and master tree plan shall be adopted by resolution of the planning commission and shall be maintained on file at city hall. Revisions or changes in the list may be made as determined necessary by the planning commission.

(Ord. 661 N.S. (part), 1993)

A.

No street tree shall be removed from any public right-of-way, tree planting easement, street or property owned or under control of the city without the prior written consent of the director. Such consent may be granted if the tree is

dead, diseased, constitutes a hazard to property or persons using the adjoining street, if roots are causing excessive damage to existing curbs, gutters or sidewalks, if it interferes with the construction of new improvements, or if it unduly interferes with any utility.

B.

Any tree planted by the city in the public right-of-way, that must be removed because of type, growth habits or disease, or which does not meet future city standards, may be removed and replaced by the city as authorized by the director.

C.

Any tree growing on private property which is endangering or, in the opinion of the director, constitutes a danger to public streets or public places, or which in any way endangers the usefulness of a public utility, shall be removed or trimmed by the owner of the property within fourteen days after receipt of such notice is given from the director. In the event the property owner fails to remove or trim such tree(s) within the specified time, the director may, after obtaining an administrative inspection warrant from the county, remove or trim such tree(s) and assess the cost thereof against the property owner.

D.

Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the state of California, and any public agency authorized to provide utility service, may be given a permit from the director, valid for one year from the date of issuance, permitting such person to trim, brace, or perform such other acts, except removal, with respect to trees growing within city right-of-way, 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. Before any tree is removed, under the preceding provisions, prior written consent must be obtained form the director.

(Ord. 661 N.S. (part), 1993)

A.

The planting of a street tree(s) shall be as a condition of issuance of a building permit:

The issuance of a building permit, which exceeds four thousand dollars in building permit valuation, shall establish the requirement to plant a street tree(s), in accordance with approved city policy and standards, unless existing trees on site are deemed adequate by the director.

It shall be the responsibility of the property owner to plant the required tree(s) prior to the issuance of a certificate of occupancy. Street trees shall be planted a maximum of fifty feet on center along street frontages.

The minimum size of any street tree shall be fifteen gallon with a caliper of one and one-half inches or greater.

The director, or his/her designated representative, shall be responsible for verifying the existence, location and species of any street tree(s) planted, prior to notifying the building division that a certificate of occupancy may be issued.

B.

Any tree planted within six feet of any sidewalk, driveway, curb or gutter, or prone to produce surface roots, shall be provided with a root control barrier. Such barriers must be a minimum of twenty-four inches deep and of a type approved by the director. A root barrier is mandatory for all residential street tree plantings.

C.

Subdivision and Planned Developments. At the time of improvement plan submittal, the developer shall also submit a master street tree plan for that subdivision indicating location, size and species of all street trees proposed. The plan shall be approved by the development review committee and the director.

(Ord. 661 N.S. (part), 1993)

A.

The city of El Paso de Robles shall provide maintenance for street trees which are planted within the public right-of- way. The city shall not be responsible for any damage caused by street trees to private pipelines.

B.

The owner of the property shall be responsible for the maintenance of trees which are located on private property.

In the event that a tree planting easement has been established across private property, it shall remain the owner's responsibility to maintain street trees within the easement.

C.

Maintenance by owner of occupant shall include prevention of limb branches from interfering with utility lines.

(Ord. 661 N.S. (part), 1993)

A.

In order to preserve and protect all street trees, no person shall:

Plant, remove, trim, prune or cut any street tree, whether in the public right-of-way or tree planting easement, unless such work conforms with city standards or permission has been granted by the director;

Interfere, cause or permit any person to interfere, with the employees of the city of El Paso de Robles who are engaged in planing or maintaining, treating and/or removing any street tree, or in the removing of stone, cement or any substance in any such street, sidewalk, planting strip, alley or any other public place;

Wilfully injure, disfigure or destroy a street tree;

Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise fill the ground area around any tree to deplete air, light or water from the roots, except under written authority from the director;

Pile building materials, equipment or other substance around any street tree so as to cause injury thereto;

Apply any injurious substance on the street tree or on the ground around it;

Post any sign on any tree, tree stake or tree guard;

Cause damage to street trees by house moving or demolition.

B.

Any person or persons who accidentally or wilfully damage, disfigure or destroy any street tree shall be charged for the replacement costs at a fee to be determined by the director. This fee determination shall take into consideration such things as age of the tree, size, species, etc., and may be based on the tree valuation standards published by the International Society of Arboriculture.

(Ord. 661 N.S. (part), 1993)

In all cases where the director determines that roots from street trees have caused damage to sidewalks, curbs, gutters, driveways, or to any utility, the director will investigate the damage and may order corrective action. If corrective action is required, the city may remove or root prune such tree(s) and place root barriers. The property owner shall be responsible for the cost of repairs to any sidewalk curb, gutter, driveway or utility caused by trees on private property. It shall be the responsibility of the property owner to remove, at his own expense, trees directly in the way of, or trees that may cause damage to, new sidewalks, curbs, gutters or driveway approaches. Any tree removed shall be replaced with the approved tree indicated on the master tree plan, or an acceptable tree from the master tree list (if no tree has been approved), at the property owner's expense.

(Ord. 661 N.S. (part), 1993)

Any person violating any section of this chapter shall be guilty of a misdemeanor and punishable by imprisonment in the city or county jail for a period not to exceed six months, or by a fine not to exceed five hundred dollars, or both.

(Ord. 661 N.S. (part), 1993)

Editor's note— Resolutions amending this section are Resolutions 82-2704, 82-2746 and 84-2933, and are on file in the office of the city clerk.

Any person aggrieved by any act or determination of the staff or the planning commission in the exercise of the authority herein granted shall have the right to appeal to the El Paso de Robles city council. The appeal shall include a letter stating the reasons for the appeal and be accompanied by the necessary fee.

(Ord. 661 N.S. (part), 1993)