Santa Maria Municipal Code Ch. 8-8 Urban Forestry

Intent-Purpose. Provides a basis for a comprehensive urban forest management strategy. The City of Santa Maria's Urban Forestry Chapter is enacted to further the following public purposes:

(a) To realize the optimum public benefits and uses of trees, shrubs and vines on City streets, in all public places and on private property.

(b) To integrate street tree planting and maintenance with other urban infrastructure.

(c) To promote efficient and effective cost benefit management of the City's urban forest by coordinating public and private efforts within a comprehensive and professional management system.

(d) To reduce the public hazard, nuisance and expense caused by improper tree selection, location, planting and maintenance.

(e) To provide for the creation of an equitable, sustained and reliable means of funding urban forest management throughout the City.

(f) To create and maintain an integrated, diverse urban forest resource, enhancing the City's overall character, health and well-being of Santa Maria citizens.

(g) Encourage citizen involvement in tree related decisions.

Intent-Goals. The urban forest resource serves a wide variety of functions that promote the general health, safety, welfare and community economics for its citizens. To ensure the public good, the following goals are established:

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. To clarify and define key words used in this Chapter.

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

"Director"

means the City Director of Recreation and Parks, or his/her authorized representative. "Director" may also mean the City Director of Public Works when addressing pedestrian or driver safety or street infrastructure damage.

"Drop crotch"

means reducing the height of a tree or branch by thinning the terminal to a large lateral, the lateral being at least 1/3 to 1/2 the diameter of the cut being made. (See Illustration A[1] in Appendix.)

"Historic or Heritage Tree"

means a tree of local historical interest or unusual age, variety, structure or size.

"Maintenance"

includes pruning, trimming, spraying, root-pruning, fertilizing, staking, guying, bracing, cabling, irrigating, planting, transplanting, removing, treating for disease or injury, and any other similar act which promotes the life, growth, health or beauty of trees, shrubs, flowers or vines.

"Median area"

means a planting strip that serves as a traffic island within a public street.

"Parkways"

means that open area between the curb and sidewalk.

"Person"

includes an individual, firm, association, corporation, partnership, and the lessees, trustees, receivers, agents, servants and employees of any such person.

"Plant"

includes trees, shrubs or any other plant material, (non-woody, annual or perennial), in nature.

"Easement"

means a right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage canals, water transmission lines, light and air and other limited use public easements other than for street and highway purposes.

"Public places"

includes all publicly owned grounds other than streets or parks which are publicly owned and open to the public.

"Shrub"

includes any woody perennial plant, normally low, multi-stemmed, adaptable to shaping, trimming and pruning without injury.

"Street"

means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"Street tree"

includes any publicly owned woody perennial plant which when mature has the following characteristics: a single main axis or stem commonly achieving fifteen feet (15′) in height, and capable of being shaped and pruned to develop a branch free trunk at least nine feet (9′) in height or capable of being pruned in such a manner that the branching will grow parallel with the sidewalk or street.

"Street tree list"

means the officially adopted list for the planting of certain types, varieties and specie of trees in public right-of-ways within the City.

"Tree"

includes any woody perennial plant having a single main axis or stem commonly achieving fifteen feet (15′) in height.

"Tree well"

means a cavity of specific shape, construction and dimension per standard plans and specifications of the City and designated to facilitate the maintenance and existence of a street tree.

"Urban Forest"

means all trees within the City Limits of the City of Santa Maria, or on property owned by the City of Santa Maria outside of the City Limits, which are subject to the jurisdiction of the Recreation and Parks Department.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

[1]

Editor's Note: Illustration A is included as an attachment to this Chapter.

Intent. To designate the position responsible for this Chapter and allow for property owner objections.

The Director of Recreation and Parks or his authorized representative and/or the Director of Public Works or his authorized representative shall be responsible for the administration and enforcement of this Chapter. Any action of the Director of Recreation and Parks on private property may be appealed and heard by the Recreation and Parks Commission. Any action of the Director of Public Works on private property may be appealed and heard by the Traffic Committee. To be effective, an appeal must be filed within 10 days after the decision of the Director. The appeal shall be in writing and shall be filed with the Director for placement on the Commission's agenda. The appeal shall clearly specify the reason for which a hearing is requested. After a hearing, the Commission shall render its decision.

Any tree-related action of the Recreation and Parks Commission or Traffic Committee under the authority of this Chapter may be appealed and heard by the City Manager. To be considered, an appeal must be filed within 10 days after the decision of the Commission or Committee. The appeal shall clearly specify the reason for which a hearing is requested. After a hearing, the City Manager shall render its decision which shall be final.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19; Ord. 2023-02 § 10, eff. 6/1/23)

Intent. To ensure safe public passage on streets, sidewalks, and other public areas, and to cause property owners or occupants to be responsible for the safe keeping and care of privately owned trees, shrubs and vines.

Nothing in this chapter shall impose any liability upon the City, or upon any of its officers or employees, nor relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property or under their control, nor to relieve the owner and occupant of any private property from the duty to keep sidewalks and parkways in front of such private property in a safe condition, nor to relieve the owner or occupant of any private property from the duty to keep any tree, shrub or other plants in such a condition as to prevent it from constituting a hazard or an impediment to vision or travel upon any street, sidewalk, park or public place in the City.

(Ord. 95-17, eff. 02/01/96)

Intent. To define unacceptable situations which are subject to abatement by the City of Santa Maria. The following are, for purposes of this Chapter, public nuisances that may jeopardize public health and safety.

(a) Any dead, diseased, infested beyond what can be cured by treatment, dying, destructive, or structurally hazardous tree on private property so near to any street tree so as to constitute a danger to street trees, streets, sidewalks or alleys or vehicular or pedestrian traffic.

(b) Any tree, shrub, vine, or flower that is currently interfering with, impairing or destroying any street infrastructure or improvements or causing unreasonable City liability as determined by the Director of Public Works or that may do so upon full growth and maturity.

(c) Any tree, shrub, vine, or flower that is deemed harmful or potentially harmful on oral or other contact by a person as determined by the Director of Recreation and Parks or an authorized representative.

(d) Any tree limb, shrub, or other plant that impairs pedestrian or driver safety by causing a site distance hazard along a public street, driveway, sidewalk, or alley, as determined by the Director of Public Works.

(e) Vines or climbing plants growing into or over any street tree, or any public hydrant, pole, street sign, stop sign, or electric power pole.

(f) A publicly owned tree in direct or intermittent contact with any electrical conductor owned by a utility company, which must be trimmed away from the conductor.

(g) The existence of any branches or foliage which interferes with visibility of, free use of, or access to any portion of any easement, street, sidewalk, or alley improved for vehicular or pedestrian travel.

(h) Tree houses, ladders, aerials, swings, ropes, or any other material attached to publicly owned trees. (See Illustrations B, C and D[1] in Appendix.)

[1]

Editor's Note: Said illustrations are included as an attachment to this Chapter.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. To set forth procedures for abating public nuisances, provide for public input, and recovery of City costs.

(a) When any public nuisance as defined in Section 8-8.05 exists on private property, a notice shall be placed on the door of the residence. Utility companies responsible for electrical conductors shall be notified by a documented telephone call. A follow-up letter notice shall be mailed to the resident property owner by ordinary United States Mail. The notice shall describe the condition, state the work necessary to remedy the condition, and shall specify the time within which the work must be performed. Any property owner may, within 10 days after the mailing of the notice, request a hearing before the Recreation and Parks Commission (if notice is issued under authority of the Director of Recreation and Parks) or Traffic Committee (if notice is issued under authority of the Director of Public Works) on the issue of whether a public nuisance actually exists. Appeals shall be conducted in accordance with the procedures set forth in Section 8-8.03.

(b) If at the end of the time for correction specified in the notice or order if the matter was appealed, such work has not been performed, the City may perform such work and the cost thereof shall constitute a charge against the property owner, and such charge shall be a lien on such property. If the property owner fails to pay such charge within 30 days after a bill is submitted by the City, such charge shall be assessed against the parcel of land of the property owner pursuant to Section 38733.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other City taxes.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. To protect negligent or intentional damage to publicly owned and managed vegetation, and to ensure tree health for public benefits.

(a) No person shall abuse, destroy or mutilate any tree, plant, or shrub in a parkway, easement or any other public place, nor attach or place any rope, wire, (other than one used to support a young or broken tree), sign, poster, handbill, or other things to or on any tree growing in a public place, or to cause or permit any gaseous liquid or solid substance which is harmful to such trees to come in contact with their roots, trunk or leaves.

(b) Violation of this Section may be handled pursuant to Sections 8-8.03 and 8-8.10. This may include a financial penalty equal to the value of the tree as determined by the City's tree inventory and any costs associated with installation of a replacement tree.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. To protect valuable public assets that contribute to public health and well-being.

Plans submitted to the City for the construction, repair or alteration of any building, house or structure shall include provisions for sufficient guards or protectors to prevent injury to any existing publicly owned trees, shrubs, flowers, or vines. Such plans for protection shall be approved by the Director of Recreation and Parks 10 days prior to the issuance of permit to proceed.

(Ord. 95-17, eff. 02/01/96)

Intent. To maintain and replace tree canopy coverage that provides cooling, mitigates storm water runoff, atmospheric pollution, and noise levels.

The Director of Public Works has the discretion, after consultation with the Director of Recreation and Parks, to determine if a tree removal is necessary to meet the construction needs of the Public Works Department. If construction, repair, or alteration of any building, house, or structure in the City causes a tree to be removed from public property and there is insufficient space to replace the tree in the parkway, easement, or public area the property owner shall:

(a) Plant a comparable size tree specie approved by the City Parks Division, minimum 24″ box on a 2:1 ratio, in the private landscape area or public project area; or,

(b) Pay to the City the City's cost of replacing the removed tree, as provided by Section 8-8.10.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. To recover the original investment of purchase, maintenance costs, cooling, atmospheric pollution, aesthetics, flood mitigation, and noise reduction values.

(a) Replacement trees shall be a minimum of two, each twenty-four inch (24″) box size. The applicant shall post a cash deposit with the City in an amount determined by the Director of Recreation and Parks which shall include labor costs for replanting and removal if the Director determines that the tree is a total loss.

(b) If it is determined that replacement trees cannot be planted in the same frontage, costs for two trees, each twenty-four inch (24″) box size, plus labor for planting shall remain in effect. These replacement trees shall be planted in an alternate public property/space.

(c) Where injury has occurred to the tree, shrub, flower or vine during the erection, repair, construction, or alteration of any building, house or structure, or by truck and/or car accident, house moving or by acts of vandalism, the offending party or insurance company shall not be released from liability until the Director of Recreation and Parks or his authorized representative determines that the tree has fully recovered. (See Section 8-8-14, Replacement Trees.)

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. To ensure compliance with appropriate standards and to provide City review.

(a) No person shall spray, root-prune, fertilize, trim, stake, guy, rod, cable, plant, transplant, grade or trench within the foliage drip line or remove any street tree, vine, shrub, or flower without obtaining a permit from the Director of Recreation and Parks, unless the person, firm, or corporation is operating under an approved City contract or doing work according to plans and specifications authorized by another City department and approved by the Director of the Recreation and Parks Department or Director of Public Works.

(b) Violation of this Section may be handled pursuant to Sections 8-8.03 and 8-8.10.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. To minimize the loss of tree canopy value. Limit removal to dead, diseased, dying or structurally hazardous trees and reduce costs to the City.

(a) It is unlawful for any person, firm, or corporation to cut down, remove, or destroy any tree growing upon any parkway, easement, right-of-way, or other publicly owned area without first securing a permit to do so from the Director of Recreation and Parks, unless the person, firm, or corporation is operating under an approved City contract or doing work according to plans and specifications authorized by another City department and approved by the Director of the Recreation and Parks Department or Director of Public Works.

(b) Application for a permit to cut down, remove, transplant, or destroy any live growing tree on any parkway, easement, right-of-way, or other publicly owned area within the City shall be filed in the office of the Director of Recreation and Parks and shall be accompanied by the specific reasons for removal. The Director of Recreation and Parks shall investigate the application to determine the conditions under which the application may be granted or denied. The application shall also be accompanied with a permit fee, established by resolution.

(c) The Director of Recreation and Parks or his authorized representative shall submit a report and decision to the requestor.

(d) If the decision is to grant removal of a live, healthy tree, the costs for removal shall be paid by the requestor.

(e) The requestor may obtain removal cost estimates from the City or private tree contractor. Removal specifications and inspection of private contractors work shall be required by the City.

(f) Replacement trees shall be a minimum of two, each twenty-four inch (24″) box size, of a species approved by the Director of Recreation and Parks or his/her designee.

(g) A cash deposit in an amount specified by the Director of Recreation and Parks shall be deposited with the Recreation and Parks Department to insure job completion and cleanup.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. To ensure public safety and maintain canopy levels.

(a) The removal conditions outlined in Section 8-8.12 may be waived by the Director if the tree has been damaged beyond repair by natural causes or has died by natural causes. In such cases, the tree will be removed and replaced at no cost to the property owner.

(b) If it is determined that the tree had been damaged or died on unnatural causes, the property owner shall pay for removal and replacement costs. The property owner will be served with a correction notice to remove. (See Section 8-8.07.)

(c) The Director of Recreation and Parks shall determine cause of damage and death. Based on a field evaluation by the City's Arborist or the City's consulting arborist.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. Replace lost canopy, maintain age and specie diversity, and other environmental benefits which result from tree replacement.

(a) Replacement trees shall be a minimum of two, each twenty-four inch (24″) box size. The applicant shall post a cash deposit with the City in an amount determined by the Director of Recreation and Parks which shall include labor costs for planting.

(b) If it is determined that replacement trees cannot be planted in the same frontage, costs for two trees, each twenty-four inch (24″) size, plus labor for planting shall remain in effect. This replacement tree shall be planted on specified alternate public property.

(c) Replacement tree specie shall be determined by the Director of Recreation and Parks.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. Mitigate negative environmental effects of new or expanded development and population.

(a) New tree plantings that result from use permits, zone changes, subdivisions, and related activity shall require a one year establishment period to ensure the health and vigor of the tree. Establishment period will commence upon City's acceptance of the planting.

(b) Tree replacement shall be required if the tree dies during the establishment period. A new establishment period will be determined at the time of replanting.

(c) All trees planted by property owners or contractors shall be inspected by a City representative prior to planting and planted in accordance with current City planting specifications.

(d) Tree specie shall be designated by the Director of Recreation and Parks or his authorized representative.

(e) The City may require new developments to install 10″ of structured soils, pea gravel, or other acceptable to the City sub-base material 4' under public sidewalks that are adjacent to a City street tree planting location. (See Illustration "C")

(f) It shall be the policy of the City to maximize the planting of trees in all public areas.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. To insure healthy, structurally stable, aesthetically pleasing trees and mitigate public liability.

(a) Topping shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree areas so as to destroy the existing symmetrical appearance or natural shape of a tree in a manner which results in the removal of main lateral branches leaving the trunk of the tree in a stubbed appearance. It shall be unlawful to top or stub trees. (See Illustration A[1] in Appendix.)

[1]

Editor's Note: Illustration A is included as an attachment to this Chapter.

(b) Utility line clearing shall be accomplished by the drop crotch method of pruning and shall include side branches.

(c) All pruning of public trees shall be in accordance with current pruning specifications of the City Parks Division.

(Ord. 95-17, eff. 02/01/96)

Intent. To preserve and protect trees from future damage or decay.

Root pruning is an acceptable practice. Where sidewalk or curb damage due to street tree roots occurs, correction shall be made where practical without damaging or removing the tree, including, but not limited to modifying the curb or sidewalk. Efforts shall be made to preserve existing trees where practical, At times, removal and replacement of a tree is superior to preservation of a tree, and will be determined at the Director of Recreation and Parks' discretion.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. Protect root systems of existing trees and ensure space for future tree plantings.

In the event that any person, firm, or corporation desires to fill in or close the public parkway or tree planting easement with any material that prevents the entry of water or the exchange of gases to the atmosphere, they shall make application with the Director of Public Works who will administer the request and coordinate with the Director of Recreation and Parks.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. A program to focus the values of important trees in the City of Santa Maria.

(a) The Recreation and Parks Commission shall consider conferring this designation upon the review of the facts contained in a letter/report from the public or staff.

(b) To be considered as a Heritage Tree the determination that the tree is over 50 years old, or be a species that is not common to the California coastal zone and has reached a remarkable height, or it can be documented that the tree played a pivotal role in the development of the City.

(c) After reviewing the field evaluation by the City Arborist, and/or verification of the City's historical records, the Recreation and Parks Commission may confer the "Heritage Tree" designation on a tree.

(d) The Heritage Tree designation may be conferred on to any tree in the City, regardless if it is on private or public property.

(e) The Recreation and Parks Department shall inform all persons owning property where such trees exist as to this designations and shall ask the property owners to make every effort practical to ensure the vigor of the tree into the future.

(f) Designation of a tree as an "historic tree" or "heritage tree" shall not confer any maintenance responsibilities upon the City regarding the tree.

(g) This designation shall have no other requirements/protections for these trees.

(Ord. 95-17, eff. 02/01/96; Ord. 2019-09, eff. 12/19/19)

Intent. Provide for citizen input, objections, and involvement in tree related decisions.

(a) The Parks Division shall undertake an ongoing program of public outreach and education in order to promote public understanding of maintenance needs, values, benefits and uses of the City's urban forest.

(b) Such programs shall include, but are not limited to: Arbor Day, Earth Day, tree care brochures, and discussions with civic and garden clubs.

(c) A City staff committee, with representatives from relevant departments, as determined by the City Manager, shall be established to implement and review the success of the programs created by this chapter.

(Ord. 95-17, eff. 02/01/96)

Intent. To allow for adjustments in a timely manner.

The Director of Recreation and Parks shall collect and maintain all records and data necessary to objectively evaluate whether progress is being made towards the stated goals of the ordinance. An annual summary and analysis of the evaluation and recommendations for adjustments and changes shall be prepared and submitted to the Recreation and Parks Commission for their consideration. The actions of the Recreation and Parks Commission may include, but are not limited to recommendations for revision or amendment of this ordinance or the adoption of other resolutions or sections.

(Ord. 95-17, eff. 02/01/96)