Sierra Madre Municipal Code Ch. 12.20 Tree Preservation and Protection

Footnotes:

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Editor's note— Section 1 of Ord. No. 1303, adopted Feb. 11, 2014, repealed former Ch. 12.20, §§ 12.20.010—12.20.155, and enacted new provisions as herein set out. Former Ch. 12.20 pertained to similar subject matter, and derived from Ord. No. 1157, § 1(part), adopted in 1998; Ord. No. 1201U, § 2, adopted in 2003; and Ord. No. 1202, § 2, adopted in 2003.

A. The city is located at the foothills of the San Gabriel Mountains in Los Angeles County. Native oak and other native and ornamental trees are dominant features in the landscape. These trees significantly enhance the aesthetics, increase property value, improve air quality, reduce summer cooling costs and improve the health and welfare of the community. Native trees are a historic resource as well, hearkening back to the earliest days of the community. The city council adopts this "tree preservation and protection ordinance" in order to contribute to a better public understanding of the value of the city's trees, to prohibit indiscriminate damage and destruction of this significant resource, and to ensure that there will be no net loss of trees in the community. This chapter establishes basic standards and measures for preservation and protection of the city's public trees and the last vestiges of the city's landmark oak trees located on private property. This chapter also specifies the requirements for planting trees on public property in or adjacent to newly planned or renovated commercial and residential developments and provides a means of designating particularly important trees as legacy trees.

B. Preserving and protecting existing trees are worthwhile because:

1. Trees are a valuable long term community asset and tend to increase property values;

2. Trees protect from climatic extremes. They recycle water, absorb carbon dioxide, sequester carbon, release oxygen, provide shade and windbreak protection and moderate temperatures of neighborhood and community;

3. Trees screen dust and absorb pollutants;

4. Trees diffuse the effects of rain that weather houses, erode topsoil and cause flooding;

5. Trees provide habitat for birds and other animals;

6. Trees contribute to the pleasantness and serenity of neighborhoods and help reduce the stress of modern living;

7. Trees enhance the architectural character of a neighborhood, accent or soften the effect of structures, promote visual aesthetic interest, and can screen undesirable views.

(Ord. No. 1303, § 1, 2-11-14)

For the purposes of this chapter, certain terms are defined as set forth in this section:

"Arborist" means a person who is accredited by the Western Chapter of the International Society of Arboriculture.

"Certification letter" means a concluding statement by an appointed tree expert stating that a work required to be monitored was duly performed and observed by him/her and that such work fully complied with the conditions of the discretionary permit, tree expert report, tree permit and/or the applicable provisions of this chapter.

"City arborist" means a professional, certified arborist under contract to the city. City arborist may also mean a member of the energy, environment and natural resources commission person who has been appointed to the position of "tree expert" by the commission or a person recognized by the commission whose academic training and/or long practical experience allows him/her to reliably recommend the removal, trimming, or preservation of trees.

"Commission" means the energy, environment and natural resources commission.

"Contractor." For purpose of this chapter, "contractor" is defined as a professional tree maintenance expert. The contractor shall hold valid C-27 or C-61/D-49 state contractor's licenses, liability and workers compensation insurance policies. The contractor shall also hold a valid business license in the city of Sierra Madre.

"dbh." Diameter at breast height: The diameter of a tree shall be measured at a point four and one-half feet above natural or established grade. See also, "Tree Trunk diameter."

"Damage" means any action undertaken which causes injury, death or disfigurement of a tree. This includes, but is not limited to, cutting, poisoning, under- or over-watering, relocating or transplanting, trenching, excavating or paving, storing of material which pierce the bark of the tree by means of nails or other objects.

"Director" means the director of public works of the city of Sierra Madre or his/her designee.

"Dripline" means the outermost edge of the tree's canopy. When depicted on a map, the dripline will appear as an irregular shape that follows the contour of the tree's branches as seen from overhead.

"Legacy tree" means:

1. Any existing tree in the city, whether located on public or private property, which is at least thirteen inches in circumference (approximately four inches in diameter) measured four and one-half feet above natural or established grade and which has been designated by action of the commission as a legacy tree.

2. A multi-stemmed tree which has one stem of at least twenty-four inches or more in circumference as measured at four and one-half feet above natural or established grade and which has been designated by action of the commission as a legacy tree.

3. Any tree or group of trees which has a relationship to an event of historical significance or is of public interest and which has been designated by action of the commission as a legacy tree.

4. Any tree newly-planted on private property in order to memorialize a person or event and which has been designated by action of the commission as a legacy tree.

"Major root" means a root two inches or more in diameter.

"Person" has the meaning set forth in Section 1.04.030 of this code except that for purposes of this chapter, "person" does not include a city employee acting within the course and scope of his or her employment.

"Protected tree" means any legacy tree as defined herein, any tree planted on city-owned property, including parkways, or California Scrub Oak (Quercus berberidifolia), Coast Live Oak (Quercus agrifolia), Coastal Scrub Oak (Quercus dumosa), Engelmann Oak (Quercus engelmannii), Southern California Black Walnut (Juglans californica), or Western Sycamore (Platanus racemosa) or other tree species as added from time to time by city council resolution whose trunk exceeds a diameter of four inches as measured at four and one-half feet above natural or established grade.

"Remaining tree" means a tree on a project site, or on property neighboring a project site, which is not to be removed in conjunction with a project pursuant to a permit issued under this chapter.

"Removal" means the immediate or long term killing of a tree by any means, including cutting, poisoning or other lethal means.

"Root feeding zone" means the outer two-thirds of the root zone.

"Root zone" means the circular area surrounding the trunk with a radius fifteen times the trunk diameter or the area between the dripline and the trunk, whichever is greater.

"Street trees and other public trees" means any tree of which more than one-half of the trunk's basal cross-sectional area is located on city property.

"Substantial trimming" or "substantially trim." See "Trim substantially."

"Topping" means removal of the highest part of a tree by the use of a large heading cut.

"Tree" means a woody perennial plant distinguished from a shrub by having a comparatively greater height and, characteristically, a single trunk rather than several stems.

"Tree expert" means a professional forester, arborist or an authority whose academic training and/or long practical experience, as determined by the energy, environment and natural resources commission, allows that person to reliably recommend the removal or preservation of trees based on their species, location, health, form, longevity and monetary value. Such person may be a resident of the city volunteering his/her services, a city employee, or a member of the commission appointed to the position of tree expert by the commission.

"Tree protective measures" means that list of measures that may be used to protect trees from damage due to construction activity as developed by the commission and approved by city council resolution. Tree protective measures also include specific recommendations of individual project's arborist reports.

"Tree replacement fund" means a separate revenue account within the city's general fund, the proceeds of which shall be utilized exclusively for the planting of new or replacement trees within the public lands of the city.

"Tree replacement matrix" means a standard developed by the commission and approved by city council resolution which specifies the number of replacement trees to be planted as mitigation for the removal of protected trees. The matrix-specified replacement ration shall be based on the size and health of the tree proposed for removal.

"Tree trunk diameter." The diameter of a tree measured at dbh. The height of a tree on sloping ground shall be measured from ground level on the high side of the tree. The diameter of a multi-trunked tree shall be measured at dbh and shall include the sum of all trunks over one inch in diameter at dbh.

"Trim substantially" means and applies to both above surface and underground cutting. For branches, it shall mean the removal of more than an estimated twenty-five percent of the live branches of the tree in any one-year period or removal of any limb with a diameter of three inches or greater. For roots, it shall include the removal of more than an estimated twenty-five percent of the live root mass in any two-year period, or cutting of any root with a diameter of two inches or greater.

(Ord. No. 1303, § 1, 2-11-14; Ord. No. 1435, § 5, 10-27-20)

Editor's note— Ord. No. 1435, § 2, adopted Oct. 27, 2020, repealed former § 12.20.030, which pertained to energy, environment and natural resources commission, and derived from Ord. No. 1303, § 1, adopted Feb. 11, 2014.

A. It is unlawful for any person to remove or substantially trim any protected tree, public tree or street tree without a permit from the city.

B. Except as expressly provided in Section 12.20.045(C), no person other than a contractor may accept payment to remove or substantially trim any tree in the city.

C. In the event that any protected tree, public tree or street tree is removed, damaged, substantially trimmed or otherwise destroyed in violation of this chapter, the director shall establish appropriate mitigation according to mitigation guidelines developed by the commission and adopted by city council resolution. Any person who, and any person who owns or controls property who has allowed another to, remove, damage, substantially trim or otherwise destroy any protected tree, public tree, or street tree in violation of this chapter shall be financially responsible for the required mitigation.

D. The director, in consultation with the city arborist may authorize the substantial trimming or removal of protected trees from city parks and street rights-of-way. Such removals may be approved on the basis of the health of the tree, hazardous condition of the tree as determined by the arborist or the director, and/or to allow for repair of tree related damage to private property or public improvements.

E. Any contractor who removes or substantially trims any tree in violation of this chapter is subject to revocation of their business license.

(Ord. No. 1303, § 1, 2-11-14)

A. It is unlawful for any person to plant or set out any trees along public streets, or to remove any device necessary for the protection of any tree from a public street or right-of-way except pursuant to a tree permit.

B. Except as otherwise permitted in this chapter, no person may substantially trim any tree along a public street without a permit from the city.

C. New construction, modification or replacement of existing utility facilities, and the replacement or repair of utility lines and structures, shall be governed by the provisions of this chapter except that utility company employees need not be contractors to accept payment to remove or substantially trim any tree in the city. Utilities shall be responsible for damage to any protected tree, street tree, or public tree. Utilities shall be required to notify the city five working days prior to any maintenance activity that might affect any protected tree, street tree, or public tree. "Maintenance activities" as used in this section shall include public utilities commission-mandated line clearing.

As an alternative to individual prior notifications for each maintenance activity, the utility may submit an annual notification of maintenance activities to the city. This notification shall include, but is not limited to, the following:

1. List of facilities;

2. Schedule of work;

3. Extent of maintenance activities;

4. List of protected trees, street trees, or public trees that might be affected.

Utilities may take emergency action with respect to any protected tree, street tree, or public tree without giving advance notice when immediate action is required to protect the public or the utility's employees, prevent damage or destruction of facilities and property, or to effect expeditious reinstatement of utility service following an interruption. Any utility taking emergency action under this paragraph shall notify the city of such action within seventy-two hours of commencement of the action.

D. In permitting any planting, trimming or removal of trees pursuant to this section, the director shall be guided by this chapter, the standards of the International Society of Arboriculture (latest edition), the American National Standards Institute A300 standards for tree maintenance (latest edition), and a street landscaping plan approved by the commission. The aforementioned standards, as they may be amended from time to time, shall be kept on file and available for public reference at city hall and the city library.

E. In the event that removal of a public tree or street tree, four inches or more in diameter, is proposed, due to a city determination that such removal is desirable for public safety, preservation of public utilities or sidewalk repair, or similar reasons, notice of the proposed removal shall be posted on such tree(s), by a method which does not penetrate the trunk. Persons objecting to the removal of any such tree may file a written appeal to the director no later than ten business days after the date of the posting of the notice. The appeal shall be processed in the manner specified in Chapter 17.66 of this code. If a timely appeal is filed, no action shall be taken to remove such tree until the director, commission or city council has heard the appeal as provided in this chapter.

F. In the event of the removal of a public tree or street tree, four inches or more in diameter is proposed due to the application of the owner of property on which such tree(s) is (are) situated, notice of the proposed removal shall be posted on such tree(s) by a method which does not penetrate the trunk. In addition to posting the tree, the property owner shall be responsible for the notification of all property owners or residents within one hundred feet of such tree; the applicant to pay the cost for city staff to compile the ownership list and mail notification postcards. Persons objecting to the removal of any such tree may file a written appeal to the director no later than ten business days after the date of the posting of the notice. The appeal shall be processed in the manner specified in Chapter 17.66 of this code. If a timely appeal is filed, no action shall be taken to remove such tree until the director, commission or city council has heard the appeal as provided in this chapter.

G. Any person objecting to any act or determination of the director in the exercise of the authority granted by this section may appeal to the commission. Any person objecting to any act or determination of the commission in the exercise of the authority granted by this section may appeal to the city council. All such appeals shall be filed with the director within ten business days of the director or commission action being appealed and shall be accompanied by a written statement of grounds for the appeal. Failure to include a written statement of grounds for appeal shall invalidate the appeal and constitute a waiver of such appeal. At least ten days prior to the city council hearing on an appeal, notice of the time and date of the hearing shall be posted at or near the subject tree or trees and mailed to the appellant.

(Ord. No. 1303, § 1, 2-11-14)

A permit to remove a tree pursuant to this chapter is not required in the following circumstances:

A. No permit shall be required for the removal of a protected tree damaged by a storm, fire or other natural disaster and determined by the city manager, director, peace officer or a firefighter to be an immediate hazard to persons or property.

B. A permit shall not be required for the removal of a protected tree when removal is deemed necessary by fire department personnel actively engaged in fighting a fire.

C. A permit shall not be required when determination has been made by the director or the commission that the tree is not viable or is a threat to persons or property.

D. A permit shall not be required for removal of a tree by an overhead utility franchise holder which reasonably determines it must remove a tree that threatens to interrupt utility service or damage utility property.

E. A permit shall not be required to prune those branches of a tree that encroach upon neighboring property. The owner of the property into which the branches encroach may act reasonably to trim or remove encroaching branches provided that the trimming does not constitute substantial trimming, endanger the health or safety of the tree or otherwise violate law other than this chapter.

F. The city may, at no cost to adjoining property owners remove, cut, prune or trim any street or public tree which the city arborist or director has found to be dangerous to persons or property.

(Ord. No. 1303, § 1, 2-11-14)

A. All owners and persons having the possession or control of real property in the city shall properly cultivate, care for and maintain all trees now or hereafter planted or set out within any public street planting areas adjacent to that real property, subject to the requirements of this chapter.

B. Responsibility for street tree maintenance under subsection (A) of this section includes:

1. Financial responsibility for damage or loss;

2. On-going irrigation;

3. Maintaining the right-of-way planting area free from weeds, vines, and debris, or uneven walking surfaces;

4. Maintaining the right-of-way free of obstructions inimical to public safety;

5. Keeping tree trunks and branches free from climbing vines;

6. Maintaining understory planting and irrigation in a manner beneficial to the tree;

7. Keeping trees trimmed so as to remove any foliage encroaching into the space above a street to a height of fourteen feet and above sidewalk areas to a height of eight feet.

C. No person may place water-impermeable material, such as tar paper or plastic, over the root zone of a street tree or public tree, or use materials or chemicals that sterilize the soil within the root zone of a street tree or public tree unless expressly authorized to do so by the director.

D. Notwithstanding [any] other provision of this chapter, persons owning or controlling any land within the city shall maintain any sewer lateral lines serving that land clear of tree root obstructions, whether from city-owned or privately-owned trees. Any application for a permit for the removal of a city-owned parkway tree or a privately-owned protected tree for any purpose, including but not limited to relieving the applicant's sewer lateral of maintenance difficulties may be approved only if subject to mitigation measures such as those described in Section 12.20.115 which call for replacement of the tree or payment of fees for offsite tree replacement.

E. All owners and persons having the possession or control of real property in the city shall be responsible for the cost of removal and replacement of or substantial trimming of street trees when the property owner's (applicant) request for removal or substantial trimming is approved by the director and the cause for the removal has not been determined by the city arborist or director to be a hazard to the safety of the public or private property.

1. The applicant shall post a deposit equal to the estimated cost to remove and replace the subject tree. Any unused portion of the deposit shall be returned to the applicant upon completion of the removal and replacement of the subject tree.

2. The director shall schedule the city's tree maintenance contractor to remove and replace the subject tree upon receipt of the deposit.

3. The number of replacement trees required shall be as specified in the tree replacement matrix. Should the area from which the tree was removed be too small to accept the number of replacement trees so specified, or should the applicant be unwilling to accept a replacement tree, then replacement shall be in the form of payment of the cost of required planting(s) into the city's tree replacement fund.

(Ord. No. 1303, § 1, 2-11-14)

A. Tree work in public parks shall be performed only by city employees or contractors, whether under contract with the city or working in conjunction with the city's adopt-a-tree program.

B. In permitting any planting, trimming or removal of trees pursuant to this section, the director shall be guided by the standards identified in Section 12.20.045(D).

(Ord. No. 1303, § 1, 2-11-14)

The Engelmann Oak, Quercus Englemanii, is designated as the official tree of the city of Sierra Madre. The Engelmann Oak shall be a preferred replacement tree for mitigation measures, and shall be given special consideration for preservation in the review of development plans.

(Ord. No. 1303, § 1, 2-11-14)

A. To be designated a "legacy tree" by the commission, a tree or trees must meet the following criteria:

1. The tree must be considered an outstanding specimen (or group) of its species by virtue of either its location, health, conformation, age, size, identification with a specific person or historic event, or rarity, or any combination of the same.

2. The tree must be in a location and in a state of health which indicates a high possibility of survival, given reasonable care, and in a location which would not automatically preclude reasonable future development of the site.

3. The tree shall not be of a species prohibited for planting under Section 12.20.105 or of a species determined surplus by the commission under Section 12.20.150.

4. A tree may be planted by a private property owner in order to memorialize a person or event and subsequently nominated by that property owner for legacy tree status.

B. Any person may nominate a tree for "legacy tree" status. The energy, environment and natural resources commission shall receive nominations of trees for "legacy tree" status through the director of public works. The property owner, if not the nominator, shall be provided with a notice of the date, time, and place for the commission meeting at which the nomination will be considered. Such notice shall be provided at least ten days prior to the commission meeting. No tree shall be designated as a legacy tree by the commission without the written consent of the property owner.

C. Any legacy tree may be identified with a marker or other means as determined by the commission, provided the property owner consents to such an identification. The director of public works shall maintain a current list of all legacy trees so designated by commission. The cost of making or installing legacy tree markers shall be the responsibility of the property owner.

D. A tree which meets the definition of a "legacy tree" as defined in Section 12.20.020, or which is designated as a "legacy tree" by the commission, shall remain the property of the landowner. The care of the tree shall be the responsibility of the property owner; any property owner having a legacy tree on his property shall be expected to give the tree reasonable care to ensure its continued good health.

E. Upon designation of the commission as a legacy tree, the tree shall be afforded the same protection as provided for public and private protected trees under this code. Such protection of the legacy tree shall apply regardless of the specie of the tree so designated.

F. From time to time the commission may recommend to the city council for adoption by council resolution, incentives for property owners to designate trees as legacy trees.

(Ord. No. 1303, § 1, 2-11-14)

A. It is unlawful for any person, firm or corporation to remove, damage, or trim substantially any protected tree (as defined herein) on private property without the written consent (permit) of the director of public works. There shall be no fee charged the applicant for this permit, provided the action being taken on the tree is not associated with development/construction related impacts.

B. In the event that a property owner applies for a building permit for a property from which a protected tree has been removed in the prior twelve months, the property owner shall provide mitigation for the removal of the tree in the form of replacement trees in accordance with the mitigation guidelines described in Section 12.20.040(C).

C. In the event that a property owner has been found to have removed a protected tree without a permit the property owner shall provide mitigation for the removal of the tree in the form of replacement trees in accordance with the mitigation guidelines described in Section 12.20.040(C), and the commission may recommend to the planning commission that approval of building permit application or other development entitlement application be prohibited for up to five years. In determining whether to impose such a five-year prohibition, the planning commission shall consider whether the tree violation appears to be in furtherance of development, as evidenced in the extent of damage, removal, damage to the root system, and/or excessive trimming of trees within the buildable area of a property; oral or written admissions or repeated actions taken in spite of prior warnings; notices of violations; and the number and size of the damaged and/or removed trees.

(Ord. No. 1303, § 1, 2-11-14)

A. The commission shall develop a list of tree species prohibited for planting in city right-of-way to be incorporated into this code by city council resolution.

B. The commission shall develop a list of tree species that is prohibited for planting within the high fire hazard zone (as described in Chapter 15.28 of this code.) which will be incorporated into this code by city council resolution.

(Ord. No. 1303, § 1, 2-11-14)

Permits to remove or substantially trim trees pursuant to this chapter are discretionary and shall be issued by the director, after director or commission approval pursuant to Section 12.20.115. This section shall govern all applications for removal or substantial trimming of protected trees whether or not in connection with the issuance of a discretionary or ministerial permit issued by the city under the building code, zoning ordinance, or any other authority for development or other activity that will result in the removal or substantial trimming of protected trees.

A. An application for a tree removal or substantial trimming permit shall be on a form prepared by the city and shall be accompanied by a fee established by the city council, unless a no-fee permit is issued pursuant to subsection (B).

B. Applications shall first be reviewed by the director to determine whether the submittal is complete. If the director determines that the removal or substantial trimming is not related to a project, that the project will not necessitate adverse impacts on protected trees, and/or that the project for which an application is received requires no further discretionary approval of any city official or agency, the director may issue a no-fee permit under this chapter specifying mitigation measures or other conditions of approval.

C. If the director determines that commission review of the project is required, the director shall place the application on the agenda for the next available commission meeting for commission review under Section 12.20.115.

(Ord. No. 1303, § 1, 2-11-14)

This section shall govern applications for removal or substantial trimming of protected trees in connection with the issuance of a discretionary permit issued by the city under the building code, zoning ordinance, or any other authority for development or other activity that will result in the removal or substantial trimming of protected trees.

A. An application for a tree removal or substantial trimming permit from the commission shall be on a form prepared by the city and shall be accompanied by a fee established by the city council. Any application for a tree removal permit shall be accompanied by a tree survey which shall indicate (i) the location of the trunks and drip lines of all the protected trees on the project site or immediately adjacent to the project site which are affected by the project; (ii) the species and diameter at breast height of each such tree; and (iii) whether or not the protected trees are to be removed or pruned as part of the project. The tree survey shall include photographs illustrating all of the protected trees on the site or immediately adjacent to the project site which are affected by the project. The director may also require a professional report prepared at the expense of the applicant containing specific information on tree condition, analysis of the potential impact of the project on affected protected trees, valuation of the tree as calculated utilizing ISA tree valuation standards, recommended actions and mitigation measures, and proposed monitoring conditions with respect to one or more trees. Where monitoring is required, a certified arborist, selected and hired by the applicant must monitor work on the site that might impact the protected trees and, at completion of such work, submit a letter that the conditions of approval of the permit were complied with or specifying the manner in which the conditions were not complied with.

B. Applications shall first be reviewed by the director to determine whether the submittal is complete. Complete applications shall then be submitted to the commission. The commission shall recommend whether or not and under what conditions, a permit should be granted by:

1. The planning commission as part of any application requiring only planning commission action.

2. The city council as part of any application requiring any action by the city council.

3. By the director for any proposal not requiring planning commission or city council action and which has been submitted to the commission for review under Section 12.20.110(C).

C. Applications for permits under this section shall be evaluated under the following standards:

1. The design and placement of development should preserve existing healthy protected trees in place.

2. The visual prominence and function of each protected tree on the site shall be considered prior to a decision on the application.

3. Protected tree removal or substantial trimming shall not be approved unless one of the following applies:

a. The tree(s) prevent reasonable development of permitted uses due to site topography and required setbacks. Existing development on similar sites in the same zone as the project site and having similar topography and vegetation shall be considered;

b. A hazardous condition of the tree(s) with respect to disease, maturity, danger of falling, proximity to existing structures, parking, high pedestrian traffic areas, activity areas or interference with utility services, which condition cannot be controlled or remedied other than by removing or substantially trimming the tree;

c. Good forestry practice suggests a reduction in the number of trees due to incapacity of the property to sustain the trees present in a healthy condition after completion of the project.

4. Protected trees approved for removal shall be replaced, unless a finding is made at the time of granting an application that the site is inadequate to support the required number of replacement trees, as follows:

a. Protected trees that prevent reasonable development shall be replaced within one year of removal by a minimum of one tree of the same species, or a suitable alternative species approved by the city arborist which serves a comparable function (shade, screening, erosion control, etc.) as that of the tree removed. Minimum replacement tree size shall be not less than fifteen gallons and not larger than forty-eight-inch box, as determined by mitigation guidelines developed by the commission and established by resolution of the city council. If a replacement tree dies within five years of being planted, the permittee or his or her successor in interest in the property shall replace the tree with one of comparable size, within six months of the death or removal of the failed replacement tree;

b. Trees estimated by the city arborist to be one hundred years old or more, or trees the commission determines to be of high visibility or extraordinary aesthetic quality shall be replaced by large, specimen trees if deemed appropriate by the city arborist, or mitigated so as to address the loss of such extraordinary and important trees if the city arborist determines that replacement with a large specimen tree is not appropriate;

c. The permittee and his or her successor in interest in the property are obliged to provide for continuing maintenance of required replacement trees for five years after they are planted. Mitigation monitoring requirements shall be specified in mitigation agreements pursuant to Section 12.20.130(C).

5. If a site cannot support all of the replacement trees required by this chapter, the applicant shall, at the city's discretion, provide:

a. Planting native trees or related species approved by the director on public property identified by the city; and/or

b. Payment of an in lieu fee to the city's tree replacement fund according to a fee schedule established by resolution of the city council.

In either of the above cases, priorities for such tree planting locations shall be given to replacement of public and street trees, as noted in Section 12.20.120.

6. Permit applications under this chapter shall be subject to the provisions of the California Environmental Quality Act, including the provisions of the city's most recently adopted local CEQA guidelines except as otherwise provided by CEQA or other law.

D. A project shall not negatively affect a remaining tree. In particular:

1. All cut, fill and/or building foundation work shall be located a distance from the outside edge of the trunk of any remaining tree at least three times the diameter (dbh) of the affected tree, unless the certified arborist under contract to the applicant determines a lesser distance is adequate due to the species of the tree. No stockpiling, storage, or placement of project materials or excavated soils or other changes in grade may occur within the drip line of any protected tree, either temporarily during construction or permanently.

2. The ground area surrounding the trunk of any remaining tree in which construction or other project activity may not intrude shall be conspicuously designated prior to the commencement of the project by durable semi-permanent means acceptable to the director or specified in the permit, such as construction fencing. In no event shall the designated area be closer than five feet from the trunk of a remaining tree unless the certified arborist under contract to the applicant determines a lesser distance is adequate for the protection of the tree. Areas so designated shall not be used to park vehicles or store demolition/construction-related materials and supplies, shall be maintained in a natural condition, and shall not be compacted by foot traffic, vehicle traffic or other means.

3. The applicant shall submit a utility trenching plan to the director for review and approval prior to issuance of a building permit for the project. The plan shall depict all facilities to be placed below grade including, but not limited to, storm and runoff drains; sewers; gas lines; electrical, cable television and telephone lines; irrigation facilities and water mains. The plan must also show all lateral lines serving the proposed construction and any proposed subgrade irrigation facilities. The plan must locate all trees on the project site and trees on neighboring properties with root zones that intrude into the project site, and plot the portion of the root zones of such trees which lies within the project site. The plan shall comply with the following unless the director determines otherwise:

a. The trenching pathway plan shall avoid the root zone of any protected tree.

b. In cases where alternative routes are not available, tunneling under roots shall be used for all underground lines such as utility and drain lines in order to preserve roots two inches or larger in diameter. All tunneling shall be performed under the on-site supervision of the certified arborist under contract to the applicant.

c. Wherever possible, underground lines shall be combined in the fewest possible trenches.

d. Where it is not possible to avoid encroachment into root zones, the design must minimize such encroachment. The director may require that these encroachments and mitigation measures be documented in a supplemental report prepared by the certified arborist under contract to the applicant.

4. No more than one-third of the root feeding zone of remaining protected oak trees may be affected by new development, unless the certified arborist under contract to the applicant demonstrates to the satisfaction of the director that the tree will not be harmed as a result.

5. Damage to the root feeding zone of remaining trees other than protected oaks shall be permitted only as specified by the certified arborist under contract to the applicant. The commission shall establish root feeding zone standards for other tree species common to Sierra Madre which, when adopted by resolution of the city council shall govern future permitting decisions under this chapter and shall be made available to the public at city hall and the city library.

6. All approved construction work within the root zone of trees scheduled for preservation shall observe the following minimum tree protection practices:

a. Hand trenching shall be done at point of grade cuts closest to the trunk to expose major roots. Major roots shall be cut only with permission of the certified arborist under contract to the applicant. In cases where rock or unusually dense soil prevents hand trenching, the director may approve use of mechanical equipment; provided that work inside the drip line of any remaining tree is closely supervised by the certified arborist under contract to the applicant to minimize tearing or other damage to major roots.

b. Permitted cutting of major roots shall be accomplished with a hand saw. Major roots shall not be ripped by backhoe, ditching machine, or similar grading equipment.

c. Absorbent tarp or heavy cloth secured by stakes shall be placed over new grade cuts with the root zone of a remaining tree. Two to four inches of compost or woodchip mulch shall be spread over the tarp or cloth to prevent soil moisture loss. The compost or mulch and tarp shall be thoroughly wetted twice per week to maintain soil moisture until backfilling occurs unless the arborist under contract to the applicant otherwise directs.

d. Trimming of branches shall be done with a hand saw, cut clean and performed according to standards of the International Society of Arboriculture. No tree sealant shall be used on cuts.

e. Decks located above the root zone of remaining trees shall be of post and beam construction or another design that reduces the need for root pruning or removal over that which would occur with raised foundation design.

f. On-grade patios or paving that cover more than one-third of the root feeding zone of remaining protected oak trees shall be constructed of permeable materials that allow air and water to penetrate the soil.

g. Planting and weed control beneath remaining trees shall take into consideration the watering requirements of such trees, so as to prevent damage from over- or under-watering or other adverse effects on the health of the trees. A list of plants suitable for under-planting shall be developed by the commission and adopted by resolution of the city council and maintained on file for public review at city hall. However, planting beneath oak trees should generally be avoided as placing a lawn or other plants that require frequent watering insure a slow death for oak trees due to their sensitivity to over-watering and susceptibility to oak root fungus.

E. Appeals. Any interested person may appeal approval or denial of a permit application pursuant to subsections (B)(1) or (B)(3) of this section. Such appeals shall be directly to the city council pursuant to Chapter 17.66.

F. Once the city council has acted upon an appeal regarding an application for removal or substantial trimming of a tree, all further applications and appeals relating to that tree within the following twelve months shall be made directly to the city council.

(Ord. No. 1303, § 1, 2-11-14)

A. The city, in considering applications for any discretionary approval, may require tree planting on or adjacent to the project site, should the city determine that such tree(s) will mitigate a project's biological, aesthetic and land use impacts. Where tree planting adjacent to a project site is required, priority shall be given to replacement of public street trees in the vicinity which have died, or have been removed in accordance with the provision of this chapter.

B. The failure to provide or complete such mitigation, or otherwise fail to comply with the terms of a mitigation agreement, or a violation of any section of this chapter constitutes a public nuisance and may result in commencement of abatement procedures pursuant to Title 8 of this code and/or in any other remedy available at law or in equity.

C. In order to minimize impacts upon adjoining properties the planting of replacement trees shall be subject to the following setback restrictions. No replacement tree shall be planted within five feet from side property lines or ten feet from front and rear property lines.

(Ord. No. 1303, § 1, 2-11-14)

All applications for tree removal from undeveloped property (as defined herein) or relative to development shall be subject to the provisions of the city of Sierra Madre Guidelines for Implementing California Environmental Quality Act (CEQA) as adopted by the city council in April of 1998.

(Ord. No. 1303, § 1, 2-11-14)

A. Before any street improvements in any new subdivision of real property in the city are accepted by the city council, the subdivider shall enter into a subdivision improvement agreement and provide to the city a bond in an amount equal to the total cost for purchasing and planting of all trees to be planted along all streets in such subdivision. The subdivider shall be responsible for the planting of the trees at the proper time as determined by the tree expert. If the subdivider fails to plant the trees as directed by the tree expert, the bond shall be forfeited to the city and the city will plant such trees.

B. All applications for tree removal relative to development shall be subject to the provisions of the city of Sierra Madre Guidelines for Implementing California Environmental Quality Act (CEQA) as adopted by the city council in April of 1998.

C. The owner of any development project in which protected tree removal is proposed shall enter into a mitigation agreement with the city. The mitigation shall be in a form approved by the city and shall specify the tree removal mitigation measures directed by the city and agreed to by the owner. The agreement shall also specify the time frame under which the mitigation measures are to be implemented by the owner and the penalties to be imposed should the owner fail to comply to the provisions of the mitigation agreement.

(Ord. No. 1303, § 1, 2-11-14)

Any property owner may petition the city to establish a conservation easement to set aside all or a portion of any parcel of land in perpetuity to provide for the preservation and protection of trees deemed worthy of special concern by resolution of the city council. All petitions shall be reviewed by the energy, environment and natural resources commission, which shall make written recommendations to the city council on the feasibility and desirability of protective easements.

The terms and conditions of any easement shall comply with the provisions in the California Civil Code Sections 815-816 governing conservation easements, and shall include provisions allocating liability for both maintenance of any protected trees and liability of damages to third parties. The easement shall ensure to the benefit of the city of Sierra Madre, the Sierra Madre Mountains Conservancy, or any other governmental agency or nonprofit organization as designated by the city council. The form of the easement shall be approved by the city attorney. Upon approval of the city council, the easement shall be recorded in the official records of the clerk/recorder of the county of Los Angeles.

(Ord. No. 1435, § 6, 10-27-20)

The energy, environment and natural resources commission is hereby authorized to review the stock of city-owned trees and determine which, if any, trees may qualify as surplus stock. The commission may recommend to the city council sale of such surplus trees. Any proceeds from such a sale shall be applied to the budget for maintenance of city street trees.

(Ord. No. 1303, § 1, 2-11-14)

Ordinances 1103, 1146U, 1147U, 1148U and 1157 are repealed.

(Ord. No. 1303, § 1, 2-11-14)