Seal Beach Municipal Code Ch. 9.40 Trees

For the purpose of this chapter, the following words and phrases shall mean:

Caliper:

the maximum cross sectional width of the trunk of a tree measured at 4 feet above the natural grade. In the case of multi-trunked trees, "caliper" means the sum of the calipers of each trunk measured at 4 feet above grade; provided, however, that if the caliper of at least one trunk is not at least 4 inches, the tree shall be deemed to have no caliper.

Director:

director of development services in matters involving private property and director of public works/city engineer in matters involving public property.

Eucalyptus Grove:

cluster of 15 or more eucalyptus trees.

Eucalyptus Tree:

a tree of the eucalyptus species measuring more than 12 inches in diameter at a point 4.5 feet above the ground.

Top:

severely cut back limbs to stubs larger than 3 inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree.

(Ord. 1515)

A. No person shall do any of the following:

1. Remove, cut, destroy, relocate, trim, prune, deface, burn, or otherwise injure any tree, hedge, plant, shrub or flower growing upon city property.

2. Top any tree growing upon city property.

3. Hitch an animal to, attach a sign upon, deface, burn, cut or otherwise injure any frame, post, trellis or other structure used to protect or support any tree, hedge, plant, shrub or flower growing upon city property.

B. Subsection A of this section does not apply to the following when done with written authorization from the director or by city employees engaged in the discharge of official duties:

1. Trimming or pruning for the protection or maintenance of traffic control devices, public utility lines or water, sewer or utility lines.

2. Removal of tree parts that have been damaged by an act of God and that create a hazard to life or property.

3. Removal of a tree that is nonviable as a result of disease or damage.

(Ord. 1515)

No person shall remove, cut, destroy, relocate or perform any activity that may damage a eucalyptus grove without first obtaining a eucalyptus tree permit. This prohibition does not apply to eucalyptus trees located on private property in a residential subdivision that is regulated by a home-owners association.

(Ord. 1515)

A. The city council shall be the decision maker for eucalyptus tree permits involving property owned or controlled by the city. The planning commission shall be the decision maker for eucalyptus tree permits involving the use or development of private property. The director shall be the decision maker for other eucalyptus tree permits involving private property.

B. The decision maker may approve or conditionally approve a eucalyptus tree permit if the proposed work is consistent with the public health, safety and welfare; otherwise the permit shall be denied. In making such determination, the decision maker shall consider the following factors:

1. Tree condition with respect to disease, risk of falling and potential danger to life, property or a grove.

2. The number of trees that can adequately be supported on the subject property.

3. Extent of tree interference with existing utility services, streets and highways.

4. Effect of the proposed work on erosion, soil retention, surface water flow and neighboring properties.

5. Feasibility of alternative development plans that do not jeopardize the trees.

C. A public hearing shall be held for eucalyptus tree permit applications for which the city council or the planning commission is the decision maker. Notice of the hearing shall be mailed to property owners within 300 feet of the subject property and published in a newspaper of general circulation not less than 10 days before the hearing date.

D. Eucalyptus tree permit decisions of the director may be appealed to the planning commission, and eucalyptus tree permit decisions of the planning commission may be appealed to the city council. Appeals shall be filed and processed in accordance with the zoning ordinance.

(Ord. 1515)

Eucalyptus tree permits shall expire one year after issuance or on the date specified in the permit, whichever is earlier, unless the work authorized by the permit is commenced prior to such date. On written application, the director may extend the term of the permit for a period not exceeding one year.

(Ord. 1515)

A. Each owner of property containing a tree that overhangs an abutting city parkway, street, sidewalk or right-of-way shall do the following:

1. Prune the branches of the tree so as to prevent obstruction of traffic control devices or lighting from street lamps, and so as to ensure a clear space of at least 8 feet above the surface of the street or sidewalk.

2. Remove dead, diseased or dangerous limbs or trees that constitute a menace to public safety.

B. The city manager may cause such work to be performed summarily whenever the tree presents an immediate threat to the public health, safety or welfare. Otherwise, the work shall be performed by the property owner upon written notification from the city manager. The property owner shall be responsible for the city's actual costs of performing the work.

(Ord. 1515)

In addition to any misdemeanor penalty assessed, any person violating this chapter shall reimburse the city an amount equal to the actual cost of replacing the tree, hedge, plant, shrub or flower. The director shall determine such cost by considering the characteristics of the damaged or removed tree, including without limitation its age, condition, species and shade potential. Any debt incurred as a result of this chapter shall be enforceable in the same manner as a civil debt. Unless determined otherwise by the director, illegally removed or destroyed trees shall be replaced with a species and in a location designated by the director in accordance with the following schedule:

(Ord. 1515)