Poway Municipal Code Art. I General Provisions and Definitions

The ordinance codified in this chapter shall be known as the “City of Poway Urban Forestry Ordinance.”

(Ord. 521 § 1(B), 2000)

This chapter shall set forth all tree-related policies, regulations, and generally accepted standards necessary for planting, trimming, and removing trees on public property and public rights-of-way. Additionally, this chapter sets forth policies relating to trees native to Poway and trees growing on industrial and commercial property. The provisions of the chapter are enacted to:

A. Ensure that the City of Poway will continue to realize the benefits provided by generally accepted practices of urban forestry;

B. Clarify property owners’ basic responsibilities to ensure that trees on public rights-of-way are properly maintained and that trees native to the Poway area are not arbitrarily removed;

C. Identify the Department of Public Services as the City department responsible for the care of public trees throughout Poway; identify the Director of Public Services as the responsible City Administrator for encroachment permits and public tree removal permits; identify the Development Services Department as the City department responsible for private tree removal permit administration; and identify the Director of Development Services responsible for code enforcement pertaining to private trees;

D. Maintain the practice of protecting native trees and heritage trees by requiring property owners to obtain the appropriate City permit from the Department of Public Services or Department of Development Services prior to any removal of said types of trees;

E. Maintain the maximum amount practical of tree cover on public parks and open space lands within the City of Poway;

F. Maintain the City of Poway’s commitment to generally accepted International Society of Arboriculture practices and standards;

G. Maintain appropriate diversity of tree species and age classes to provide the community with a stable and sustainable urban forest environment;

H. Establish a Poway Tree Committee to hear appeals, make recommendations regarding tree maintenance and landscaping decisions, promote generally accepted International Society of Arboriculture practices and standards within the Poway community, and establish and implement procedures for identifying and designating heritage trees in Poway;

I. Maintain the practice of managing trees on public rights-of-way in a manner that does not damage, obstruct, or interfere with public improvements;

J. Manage the planting of trees on public rights-of-way on residentially classified streets;

K. Maintain the practice of requiring tree removal permits for the removal of trees on public rights-of-way.

(Ord. 521 § 1(B), 2000)

Information and reports received by the Poway City Council indicate that an urban forestry ordinance acts as a guideline and standard to ensure City staff and City residents implement generally accepted International Society of Arboriculture practices and standards. These practices will sustain, preserve, and enhance the aesthetic qualities found within the Poway community. Moreover, it has been concluded that healthy and growing trees provide shelter and sustenance for indigenous wildlife. Research has shown that air pollution and its unhealthful effects upon residents and fauna are mitigated when there are abundant urban trees. The City Council finds that the preservation of native trees is especially important in the practice of urban forestry. Additionally, the City Council finds that trees having historic or cultural significance in Poway shall be protected.

(Ord. 521 § 1(B), 2000)

Words and phrases in the chapter shall have the common and usual meaning except as they may be defined below or elsewhere in this code.

“Heritage tree”

means any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance.

“Native tree”

means any tree of the following species: Coast Live Oak (Quercus agrifolia), Canyon Live Oak (Quercus chrysolepis), Englemann Oak (Quercus engelmannii), and California Sycamore (Platanus racemosa).

“Private trees”

means both trees whose trunks are located upon privately owned property and trees planted by property owners on public rights-of-way.

“Public trees”

means both trees growing on publicly owned property and trees planted by the City growing on public rights-of-way.

“Shrubs”

means a bush or a plant more than 12 inches but not more than six feet tall.

“Street classification”

means the name attributed with a set of street and road characteristics listed in the roadways element of the “Poway General Plan, 1991.”

“Topping”

means the severe cutting back of limbs to stubs larger than three inches in diameter, within the tree’s crown, to such a degree as to remove the tree’s natural canopy and/or severely disfigure the tree’s appearance.

“Tree” or “trees”

means any individual or group of self-supporting woody perennial plant or plants growing with a single or multi-stemmed trunk supporting a crown of branches.

“Tree committee”

means a body consisting of three at-large members appointed by the City Council and two City staff members charged with the duties identified in PMC § 12.32.190.

“Trees growing on public property”

means trees whose trunks are located in whole or in part on property owned by the City or any other public agency.

“Trees growing on public rights-of-way”

means trees whose trunks are located in whole or in part on property in which the City owns an interest for purposes of vehicular, pedestrian, equestrian, or City utility use.

(Ord. 521 § 1(B), 2000)