Simi Valley Municipal Code Ch. 3 Street Trees and Shrubs

It is the policy of the City to regulate the planting and maintenance of appropriate trees and shrubs in the public places and street areas of the City to provide visual unity and continuity in the streetscape and for the enhancement of beauty, erosion control, and vehicular and pedestrian traffic safety. The provisions of this chapter are deemed necessary for the proper coordination of public landscaping with the preservation of views, the maintenance of street trees and shrubs and the resources therefor, and the avoidance of conflicts with long-range landscaping maintenance. It is intended that City street trees and shrubs be planted and maintained in such a manner that the City's commitment to creating and maintaining the urban forest would be recognized by designation as a Tree City USA by the National Arbor Day Foundation. It is further intended that the provisions of this chapter assign responsibility for developing and implementing an annual tree management plan for the City's public trees, and to encourage the promotion of a stewardship program.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9000, S.V.M.C., as added by § 1, Ord. 204)

The provisions of this chapter shall apply to:

(a) All work required under any City law, including the subdivision and encroachment provisions, or required as a condition of other work performed in the street rights-of-way and public places of the City; and

(b) Individuals and groups planting trees and shrubs voluntarily in public rights-of-way.

The provisions of this chapter shall also serve as the regulations for work done by or under contract for the City.

(§ 1, Ord. 1020, eff. June 10, 2002, §§ 9100 and 9101, S.V.M.C., as added by § 1, Ord. 204)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Back-up parkway" shall mean the area between the improved portion of a public limited access street and abutting private property without direct access from the abutting private property.

(b) "Department" shall mean the Department of Public Works.

(c) "Director" shall mean the Director of Public Works or his/her designee.

(d) "Ground cover" shall mean low plants, including grass, commonly maintained at less than two (2′) feet in height when fully grown and not of a type prohibited by law.

(e) "Industry Standard" shall mean complying with the National Arborists Association/International Society of Arboriculture and the American National Standards Institute, ANSI, A-300 Tree Care Operation Manual pruning guidelines.

(f) "Parkway" shall mean the area between the improved portion of a public street and abutting private property having access.

(g) "Property owner" shall mean the legal owner of real property.

(h) "Public place" or "public right-of-way" shall mean any parkway strip, sidewalk area, slope, back-up parkway, street right-of-way, or easement dedicated or granted to the City.

(i) "Public street" shall mean and include every way set apart for public travel in the City, including the entire parkway.

(j) "Shrub" shall mean any low plant commonly maintained at less than eight (8') feet and more than two (2′) feet in height when fully grown.

(k) "Street right-of-way" shall mean the street right-of-way belonging to the public, including islands, dividers, and parkways.

(l) "Tree" shall mean any woody perennial commonly maintained at more than eight (8') feet in height when fully grown.

(m) "Tree Advisory board" shall mean the Board appointed by the City Council to promote and facilitate stewarship programs for the planting, maintenance and preservation of the community urban forest.

(n) "Tree Management Plan" shall mean the written plan, prepared and/or updated annually for the long-term and day-to-day care, preservation, planting, replanting, removal or disposition of public trees, and tree-related projects expected to be undertaken during the coming year. In addition to addressing public tree planting, watering and fertilizing, and dead and hazardous tree removal, the plan shall address safety, pruning, and insect and disease control.

(§ 1, Ord. 1020, eff. June 10, 2002, §§ 9102 and 9102-2 through 9102-11, S.V.M.C., as added by § 1, Ord. 204, as amended by § 1, Ord. 489, eff. November 4, 1981)

(a) The Director, in conformity with the provisions of this chapter, shall have the authority to administer the regulation and control of the planting and removal of any and all trees and shrubs planted along any public street.

(b) It shall be the duty of the Director to carry out the provisions of this chapter and to recommend to the Council such rules, regulations, and standards as may be necessary for accomplishing the purposes of this chapter.

(c) The Director shall ensure that an inventory of all public trees in the City be developed and used for long-range planning and day-to-day planting and maintenance of the City's public trees.

(d) The Director shall prepare and/or update the tree management plan, in conjunction with the City's budget process, based on a current inventory of all City trees, public tree care policies in effect for planting, maintenance and removals, and any approved landscape or beautification plans that may be applicable. The tree management plan shall be deemed approved at the time the City's annual budget is approved by the City Council.

(e) The Director may perform any necessary operation on any tree, shrub, or plant in any public street for the protection of the public improvements or persons using the public streets.

(f) Any portion of any tree or shrub growing on private property but extending onto a public street may be trimmed or pruned by the Director for the protection of the public improvements or persons using the public street.

(§ 1, Ord. 1020, eff. June 10, 2002, §§ 9001 and 9001.1 through 9001.3, S.V.M.C., as added by § 1, Ord. 204)

It shall be unlawful for any person, firm, partnership, corporation, or other legal entity to destroy, cut down, remove, or move, or cause the same to be done, to any tree or shrub within a public place or the public right-of-way without first securing an encroachment permit from the City.

(§ 9002, S.V.M.C., as added by § 1, Ord. 204)

Any person planting a parkway tree or shrub or a tree or shrub in a public place shall first secure a permit from the Director. The application and accompanying sketch shall state the species to be planted and the proposed location. The species of tree to be planted shall conform to the official tree list provided for in Section 7-3.11 of this chapter. The Director shall also have the authority to approve the use of other trees which conform to the criteria set forth in subsection (c) of Section 7-3.08 and in Section 7-3.11 of this chapter. The planting shall be accomplished at the locations approved by the Director pursuant to the provisions of Section 7-3.12 of this chapter and shall be in accordance with the standards and specifications set forth in this chapter. No change in the planting location or the type of tree may be made without the prior approval of the Director. If the Director determines that the application fails to meet the requirements of this chapter, he/she may refuse to issue the permit. No fee shall be charged for permits for post-development planting by individual property owners.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-5, S.V.M.C., as added by § 1, Ord. 204, as amended by § 2, Ord. 489, eff. November 4, 1981)

The purpose of the Tree Advisory Board is to assist in promoting and facilitating the expansion of the urban forest and stewardship programs by instituting urban forest education, planting, and maintenance projects that incorporate the youth, business, and residential environments of the City.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103, S.V.M.C., as added by § 1, Ord. 204, as amended by § 3, Ord. 489, eff. November 4, 1981)

(a) Advance notice. The Department shall be notified forty-eight (48) hours prior to the installation of parkway trees and shrubs for the approval of the species, material quality, and planting supervision.

(b) Soil analysis. The developer or property owner may be required to have a composite soil analysis made by a soil testing laboratory at the expense of the developer or property owner in order to insure the success of the planting where the alteration of the soil composition is anticipated by virtue of the development. The location and number of samples shall be determined by the City. The criteria to be used in determining the necessity for soil analysis and the location and number of samples shall be:

(1) Whether substantial amounts of topsoil are to be removed;

(2) Whether grading will bring ground waters so close to the surface that soil salts will interfere with good growth; and

(3) Whether cuts and fills will so alter the available soils as to require soil amendment.

The analysis shall include the fertility level, the organic content, and the infiltration rate and permeability in place. A copy of the test results shall be forwarded directly to the Department.

(c) Condition of trees and shrubs. Trees and shrubs to be planted shall satisfy current industry standards and shall:

(1) Be symmetrical;

(2) Be typical for variety and species;

(3) Be healthy, vigorous, and free from disease and insect pests;

(4) Have healthy, vigorous root systems free from serious kinking, circling, damages, or other defects; and

(5) Be of a type otherwise permitted by law.

(d) Containers: Balling. Unless bare root trees or trees in other types or sizes of containers are specified by the City, all trees shall be grown or established in containers of not less than fifteen (15) gallons capacity or be balled in burlap in accordance with industry standards.

(e) Redwood shavings. Redwood shavings shall be redwood shavings combined with one pound of actual nitrogen for each cubic yard of shavings.

(f) Planting tablets. For tree plantings, planting tablets shall be a commercial fertilizer in tablet form meeting industry standards. The tablet shall be compressed and yield a slow release of nutrient over a twelve (12) month period.

(g) Standard plans for tree planting and landscaping: Distribution. The Director from time to time shall update the standard plans for tree planting and landscaping, based on current industry standards, for distribution to developers and other applicants to aid in fulfilling the requirements of this chapter. Such plans shall be printed diagrams and instructions which illustrate the criteria, procedures, and other requirements of this chapter for the installation of landscaping.

(h) Prepared soil mix. When soil analysis is not a requirement, the prepared soil mix for the backfill for the pits for trees shall consist of the following:

(1) One-third Redwood shavings fortified with nitrogen;

(2) Two-thirds natural soil with organic fertilizer; and

(3) Appropriate planting tablets based upon tree size and industry standards.

In planting locations where soil analyses were required, the prepared soil mix shall be based on test results. Amendments to be combined with native soil shall be determined by the City on the basis of what the tests reveal will be required and shall be a requirement for parkway trees.

(i) Planting holes. For trees, all planting holes shall be dug square with bottoms level, the width not less than two (2) times the diameter of the ball and the depth two (2) times the depth of the ball. The planting holes shall be inspected by the City prior to the planting of the trees. The Director may require four vertical mulch holes (3″ wide by 3′ deep) to accommodate poor drainage, and the installation of root control devices at the expense of the developer or property owner planting trees or having trees planted. Such devices shall be approved as to design and materials by the Director.

The holes shall be backfilled with the thoroughly mixed prepared soil to the bottom of the tree ball. The planting tablets shall be evenly spaced around the perimeter of the hole on the top of the prepared soil.

(j) Tree placement. Each tree shall be placed in the center of the hole, in vertical position, so that the crown of the root ball will stand one inch (1") above the finish grade.

(k) Backfilling. After setting a tree, the rest of the hole shall be backfilled with the prepared soil mix and watered thoroughly. The soil shall be firmed down, eliminating air pockets. The soil shall not be packed.

(1) Basins. For tree plantings, a six (6″) inch high berm shall be built around the edge of the excavated hole to form a basin for holding at least twenty (20) gallons of water. The bottom of the basin shall be at the surrounding finish grade. The basin shall be filled with water, with care taken not to break down the berm with the hose stream nor to gouge out holes in the backfill.

(m) Staking. Each fifteen (15) gallon sized tree shall be supported with two (2), two (2″) inch by eight foot (8′) round lodge pole pine, green colored, pentachloral phenol preservative treated stakes. Trees larger than fifteen (15) gallon sized shall be supported by four (4), three (3″) inch by twelve foot (12′) lodge poles.

(n) Tying. Each tree shall be secured to the stake with cinch ties, or corded tire ties, in accordance with industry standards.

(o) Maintenance. Prior to acceptance by the City, the permittee shall maintain the trees and shrubs by watering, restaking, and retying as necessary.

(p) Acceptance. Acceptance of planted street trees and shrubs in residential developments shall be in accordance with the subdivision provisions (see Chapter 2 of Title 9 of this Code). Street trees and shrubs planted at commercial and industrial developments will be accepted by the Council with the street improvements if the planting is completed. If any trees or shrubs remain to be planted, the Council may elect to follow the procedures and exercise its options as set forth in the subdivision provisions.

For a period of one year following the date of the acceptance of the tract improvements, the developer shall maintain all landscaping in a condition acceptable to the Director.

(§ 1, Ord. 1020, eff. June 10, 2002, §§ 9110, 9110-1 through 9110-10, 9110-10.1, and 9110-11 through 9110-17, S.V.M.C., as added by § 1, Ord. 204, as amended by § 4, Ord. 489, eff. November 4, 1981)

Unless otherwise provided in this Code, there shall be one or more parkway trees for each lot frontage, and they shall be spaced not less than fifty (50′) feet, nor more than sixty (60′) feet, apart. At least two (2) trees shall be planted at corner lots. Subject to modification by the Director, clearance shall be provided from other facilities as follows:

(a) Fifteen (15′) feet from street light standards;

(b) Ten (10′) feet from fire hydrants and alleys;

(c) Five (5′) feet from service walks and driveways;

(d) Five (5′) feet from water meters and/or utility vaults;

(e) Thirty-five (35′) feet from the prolongation of the near side curb of the cross street at intersections; and

(f) The distance from the curb face shall be determined by the Director, considering the species of the trees and the width of the parkways.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-3, S.V.M.C., as added by § 1, Ord. 204)

It shall be the responsibility of the property owner to prevent ivy or other plants from growing in trees or shrubs in the parkway or backup parkway abutting his/her property.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-7, S.V.M.C., as added by § 1, Ord. 204, as amended by § 5, Ord. 489, eff. November 4, 1981)

The Director, with the approval of the Council by resolution, shall maintain an Official Tree List, including the botanical name and common name. The Director shall have the authority to approve complimenting types of trees in alternating or cluster patterns or a single type of tree for each street. In designating trees for public places, the Director shall consider the following criteria:

(a) The compatibility with the applicable conditions of climate, exposure, soil, and space;

(b) The maintenance of the view;

(c) The enhancement of the architecture; and

(d) The maintenance requirements.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-1, S.V.M.C., as added by § 1, Ord. 204)

(a) Specific locations. The Director shall have the authority to approve the specific location of each tree or shrub for public places in the field or on a plan drawn to scale, taking into consideration the topography, street configuration, and the sight clearance from intersecting streets, alleys, driveways, walks, street lights, traffic signs, utility vaults, and other public facilities. The Director shall also consider the means of ensuring the safe operation of vehicles, the preservation of views, the preservation of property values, the protection of the environment, and coordination with other existing and proposed public and private plantings and other authorized work.

(b) Subsequent damage to public property. Except where an immediate health or safety hazard exists, the Department shall provide adjacent property owners whose responsibility it is to care for and maintain a tree or shrub located on public property with at least five (5) days written notice before removing such tree or shrub.

If the tree or shrub is being removed due to the damage it is causing to surrounding public improvements, and if the responsible property owner desires to retain the tree or shrub, the Director may take whatever actions are necessary and possible in his opinion to save the tree or shrub and repair the surrounding damage at the expense of the responsible property owner. The responsible property owner shall deposit with the City such amounts as determined by the Director to be necessary to retain the tree or shrub and repair such improvements prior to the Department undertaking efforts to save the tree or shrub.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-2, S.V.M.C., as added by § 1, Ord. 204, as amended by § 6, Ord. 489, eff. November 4, 1981)

No person shall injure or destroy any tree or shrub in any public place or in street rights-of-way by any means, including, but not limited to, the following:

(a) Constructing a sidewalk or otherwise filling up the ground area around any tree or shrub so as to shut off light, air, or water from the roots;

(b) Piling building materials, equipment, or other substances around any tree or shrub;

(c) Pouring or permitting any deleterious matter on or around any tree or shrub or on the ground around a tree or shrub; or

(d) Attaching or placing any rope, wire, sign, poster, handbill, or other thing on any tree or shrub growing in any street right-of-way.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-8, S.V.M.C., as added by § 1, Ord. 204, as amended by § 7, Ord. 489, eff. November 4, 1981)

(a) By City forces. City forces, within available resources, shall periodically trim all trees in the street rights-of-way and in public places in accordance with their growth characteristics. Trees will generally be raised to provide a nine (9′) foot limb clearance at the curb line and a fourteen (14′) foot limb clearance above the street, unless circumstances warrant or require an alternate procedure.

(b) By individuals: Permits required. No other person or entity shall trim any public tree without the prior approval of, and a permit from, the Director. The Director is hereby authorized to impose conditions in such permits in order to prevent damages to trees, to the public rights-of-way, and to any property, to prevent injuries to persons, and to protect the public health, safety, and welfare.

(c) By individuals: Bonds: Cash deposits. The Director may also require a surety bond or cash deposit to secure the safe conduct of the work and the cleanup and the restoration of the site. The amount of security required shall bear a reasonable relationship to the application and to the protection sought to be afforded. The bonds, if required, shall be submitted to the City Attorney for approval as to form. No permit shall become effective until and unless the bond is approved. Such approval shall not be unreasonably withheld.

(d) By individuals: Denial. If the Director determines that the requirements of this chapter have not been fulfilled, he/she may refuse to issue the permit.

(§ 1, Ord. 1020, eff. June 10, 2002, §§ 9103-9 and 9103-9.1, S.V.M.C., as added by § 1, Ord. 204)

Any person or entity having the right to maintain poles and wires in street rights-of-way may, under the direction and supervision of the Director, properly trim trees and shrubs.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-4, S.V.M.C., as added by § 1, Ord. 204)

The voluntary planting of ground cover by an owner of residential property on a parkway adjacent to such property shall conform to the standards set forth in this chapter, except that no permit therefor shall be required.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-5.1, S.V.M.C., as added by § 1, Ord. 204)

When any tree or shrub has been planted in the public right-of-way, such tree or shrub shall become the property of the City, and no removal thereof shall be permitted unless the applicable provisions of this chapter are fulfilled.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-6, S.V.M.C., as added by § 1, Ord. 204)

(a) Required. No public tree may be removed from a parkway or other public place without securing a permit from the Director, except for such officers, agents, or employees of the City as may be directed to do so by the Director. Such removal may be approved in any of the following circumstances:

(1) If the condition of the tree is such that it constitutes a public hazard due to a structural defect, incurable pathological disease, or pests;

(2) If the location of the tree is hazardous to pedestrian or vehicular traffic or prevents approved access to private property;

(3) As a part of a Council approved program of the replacement of nonconforming trees;

(4) If the tree is causing extensive damages to public or private property, and root pruning and other remedial means have proven unsuccessful or will not, in the opinion of the Director, prove to be effective. Sewer line damages through root infiltration alone shall not be sufficient reason for tree removal;

(5) If there will be an immediate replacement in a manner provided by, and with a tree designated according to, the provisions of this chapter; and

(6) Such other removal as, in the judgment of the Director, is justified or required in the interests of the preservation of the public health, safety, and welfare.

(b) Denial. The Director may refuse to issue the permit requested if he/she determines that potential hazards are posed as to injuries to persons or damages to property or public improvements, or if he determines that the removal of the tree under the criteria set forth in subsection (a) of this section is not justified.

(c) Clean up. When a tree is removed, the entire stump shall be taken out at least one foot (1′) below the existing or proposed subgrade, unless otherwise specified in the permit, and the hole shall be backfilled and compacted. All debris from the removal shall be removed from the site, and the right-of-way shall be restored to its former condition by the permittee.

(d) Procedures. The tree removal procedures utilized shall conform to the professional standards prevailing in the industry, unless otherwise specified in the permit.

(e) Conditions: Security. The Director may impose conditions in the permit and require security for compliance as set forth in Section 7-3.14 of this chapter.

(§ 1, Ord. 1020, eff. June 10, 2002, §§ 9104 and 9104-1 through 9104-4, S.V.M.C., as added by § 1, Ord. 204, as amended by § 8, Ord. 489, eff. November 4, 1981)

(a) Responsibility of property owners. In addition to the other provisions of this Code, it shall be the responsibility of each property owner to maintain parkways adjacent to his/her property in a safe condition and free from trash, weeds, or other debris and public nuisances. Encroachment permittees shall maintain hedges, shrubs, other plantings, fences, and other permitted structures in a neat and safe condition and in good repair. The Director shall have the authority to make the provisions of this section a condition to any encroachment permit and to revoke such permit and order the restoration of the right-of-way to its former condition for violations of the provisions of this section or the conditions of the permit.

(b) Back-up parkways. Back-up parkway areas on limited access streets shall be maintained in a safe condition, free from weeds, trash, and other debris by the City.

(c) Ground level improvements permitted. A property owner may plant ground cover, construct an entrance walk, and install an irrigation system in the parkway adjacent to his/her property without an encroachment permit but subject to the provisions of this chapter. The provisions of this subsection shall not prevent the City from requiring other applicable permits. Ground cover shall not be permitted to extend into the traveled public right of way, nor into drainage ditches, gutters, or other improved facilities. Any permit required by other laws shall be obtained for trees, driveways, sidewalks, and drains.

(§ 1, Ord. 1020, eff. June 10, 2002, §§ 9105, 9105-1, and 9105-2, S.V.M.C., as added by § 1, Ord. 204, as amended by § 9, Ord. 489, eff. November 4, 1981)

The fees for the permits required by the provisions of this chapter shall be the same as those set forth in Chapter 1 of this title for encroachments, and such fees shall be in accordance with any resolutions adopted from time to time by the Council for such purposes. The fees for appeals shall be one-half (½) of the established applicable fee. In cases of grievances for which no original fees established are applicable, the fee for appeals shall be Fifteen and no/100ths ($15.00) Dollars.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9111, S.V.M.C., as added by § 1, Ord. 204)

(a) Form: Filing: Fees. Any person or entity aggrieved by the refusal or revocation of a permit or by any other determination or order pursuant to the provisions of this chapter may appeal to the Council within thirty (30) days after the date of such refusal, revocation, determination, order, or occurrence of the grievance. The appeal shall be in the form specified by the City Clerk or, if not specified, in the form of a written notice addressed to the Council and dated and signed by the applicant. The notice shall state clearly and concisely the grounds upon which the appeal is taken and shall be accompanied by copies of applications made or any other pertinent documents. The appeal shall be filed with the City Clerk and shall be accompanied by the correct fee before it will be accepted.

(b) Hearings: Notices. The City Clerk shall set the matter for a hearing to be held within fifteen (15) days after the notice is filed and shall notify the appellant and the Director of the time and place of such hearing.

(c) Hearings: Decisions. At the hearing the applicant shall establish by pertinent testimony and evidence that he/she is entitled to the issuance of the permit, reinstatement of the revoked permit, or other redress of his/her grievance. The Director may present his/her grounds for the action taken. The decision of the Council shall be final.

(§ 1, Ord. 1020, eff. June 10, 2002, §§ 9112, 9112-1, and 9112-2, S.V.M.C., as added by § 1, Ord. 204)

It shall be unlawful for any person to abuse, destroy, or mutilate any tree, shrub, or plant in any public street, or to attach or place any rope or wire, other than one used to support a young or broken tree, or other thing to or on any tree growing in a public place or on a public street, or to cause or permit any gaseous liquid or solid substance which is harmful to such tree to come in contact with any part thereof. Any person who shall violate the provisions of this section shall bear the expense of replacing any tree, shrub, or plant more than one-third (⅓) destroyed by such violation, in addition to other penalties provided by law.

(§ 1, Ord. 1020, eff. June 10, 2002, §§ 9003 and 9003-1, S.V.M.C., as added by § 1, Ord. 204)