Chapter 12.16
STREET TREES
Sections:
12.16.010 Purpose.
12.16.020 Definitions and enforcement.
12.16.021 Heritage trees.
12.16.030 Planning commission authority.
12.16.040 Permits.
12.16.045 Permit issuance.
12.16.050 Planting.
12.16.060 Maintenance.
12.16.070 Protection.
12.16.080 Abuse or mutilation.
12.16.085 Restoration fees.
12.16.090 Existing trees.
12.16.100 Nuisance trees or shrubs.
12.16.110 Civil or criminal abatement proceedings.
12.16.120 Appeal.
12.16.125 Council review.
12.16.010 Purpose.
Official tree, shrub and plant regulations for the city are adopted and established by this chapter to serve the public health, safety and general welfare. To that end, the purposes of this chapter are specifically declared to be as follows:
A. Improve general aesthetic values;
B. Reduce traffic noise;
C. Deflect glare and heat;
D. Lower wind velocity;
E. Purify air;
F. Increase property values;
G. Provide cooling shade and beauty;
H. Provide for the proper selection of trees to minimize trouble in sewers, water mains and storm drains and to prevent displacement of streets, curbs, gutters and sidewalks;
I. Minimize interference with street and traffic lighting;
J. Minimize the spread of disease to healthy trees;
K. Minimize danger of falling trees and limbs onto streets, sidewalks, private property and people;
L. Minimize accumulation of leaves and debris which cause unnecessary labor in cleaning the sidewalks, streets and storm drains; and
M. Select trees of longevity and those suitable to the environment. (Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.020 Definitions and enforcement.
Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
A. "City" means the city of Palos Verdes Estates.
B. "Public works director" means the public works director of the city or the director’s authorized agent.
C. "Street" or "highway" includes all lands lying between the so-called property lines on either side of all public streets, roads, boulevards and alleys.
D. "Street trees" means trees or shrubs in public places along city streets, roads, boulevards and alleys.
E. "Trees and shrubs" includes all woody vegetation growing, planted or to be planted on any public place or area as of or after the effective date of the ordinance codified in this chapter.
F. "Parkway" means that portion of the street or highway other than the roadway or sidewalk.
G. "Public place or area" includes all those streets and highways within the city and all other properties owned by the city.
H. Heritage Tree. A "heritage tree" is either of the following:
1. A tree of historical significance specifically designated by resolution of the city council as a heritage tree; or
2. A tree which has a trunk with a circumference of eighty-four inches (2.13 meters) or more, measured at fifty-four inches (1.37 meters) above finish grade.
I. Restoration Fees. A "restoration fee" is that which would cover the costs of crown restoration over five to seven years.
J. Pruning Standards and Schedules. Pruning of city trees shall conform to the pruning standards set forth and adopted by the International Society of Arboriculture.
Eucalyptus and pine trees shall not be pruned in the city between April 30th and October 15th. (Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.021 Heritage trees.
A heritage tree shall be maintained in a conservative manner so as to protect the health of the tree. No person shall prune a heritage tree without a city tree trimming permit. No person shall prune a heritage tree except under the direction of the public works director. The permittee shall be an arborist certified and in good standing with the International Society of Arboriculture. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. (Ord. 627 § 20, 2001: Ord. 491 § 1 (part), 1989)
12.16.030 Planning commission authority.
The planning commission is an advisory body appointed by the city council to make recommendations regarding plans and regulations to enhance the future growth, development and beautification of the city. Except as specifically set forth in this chapter, the planning commission shall have jurisdiction and control of the kind and type of planting, setting out, location, trimming, maintenance and removal, and restoration fees, if needed, of all trees and shrubs on city property and public places, and the supervision of all trees planted and growing in such places, and shall approve, disapprove or approve with conditions the applications to undertake activities which affect trees or shrubs in public places or areas. (Ord. 557 § 1, 1993: Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.040 Permits.
It is unlawful and it is prohibited for any person, firm, association, corporation or franchisee of the city to plant, move, remove, destroy, cut, trim, deface, injure or replace any tree or shrub in, upon or along any public street or other place of the city or to cause the same to be done without first obtaining a written permit from the public works director, issued in accordance with the procedures set forth in this chapter. The permit shall specifically describe the work to be done. It is unlawful to do work on any tree shrub which is not so specifically described. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. (Ord. 627 § 20, 2001: Ord. 557 § 2, 1993: Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.045 Permit issuance.
Notwithstanding the provisions of Section 12.16.030, the following permits to undertake work upon any tree or shrub in a public place or area shall be issued in accordance with the following procedures and standards.
A. The public works director shall issue such a permit when he or she determines the work to be undertaken consists solely of actions required pursuant to Section 12.16.060 for the maintenance of a tree or shrub and the permit is sought by the owner or resident, or authorized representative thereof, of the property immediately adjacent to the public place or area in which the tree or shrub to be so maintained is located. Any such decision of the public works director shall be final.
B. Permits for work on a tree or shrub located in a public place or area may be issued to persons who do not own or reside on property immediately adjacent to that public place or area as follows:
1. The parklands committee shall consider and may approve, disapprove or approve with conditions an application to trim a street tree when such trimming consists solely of lacing the tree and removing selected limbs in such a manner as to open up views but to allow the tree to reach normal mature size for its species ("crown restructuring"). Any such decision of the parklands committee shall be final.
2. The parklands committee shall consider and may approve, disapprove or approve with conditions an application to trim or remove any street tree in a manner other than crown restructuring. At the next planning commission meeting occurring not less than seven days after the parklands committee makes its decision, the decision shall be reported to the planning commission. The planning commission may at such time:
a. Confirm the action of the parklands committee and grant, deny or grant with conditions the application; or
b. Set the application for consideration by itself, in which case it shall thereafter conduct a de novo hearing in accordance with procedures established by law; or
c. Amend, modify, delete or add any condition of approval which it finds is not substantial under the circumstances relative to or affecting the application; or
d. Take no action, in which event the decision of the parklands committee shall stand, provided that such deemed approval shall for purposes of appeal and review by the city council be deemed a "decision" of the planning commission made as of the date of the report.
3. For all trees other than heritage trees, the decision of the planning commission shall be final unless appealed or reviewed pursuant to Section 12.16.120 or 12.16.125. Any decision of the planning commission relating to heritage trees made pursuant to this subsection shall be advisory to the city council, which shall have the sole authority to make such decision. (Ord. 557 § 3, 1993)
12.16.050 Planting.
A. Species or Varieties of Street Trees. The planning commission shall prepare a list of street trees which may be planted in each of the parkway areas of the city, which list shall be available to the public to aid in the choice of trees to be planted. This list may be modified as experience indicates the desirability of such modification. The original list and any modifications thereto shall be approved by the planning commission.
B. Planting of Street Trees.
1. All planting should be in good horticultural practice as determined by the planning commission.
2. All planting on unpaved streets without curb must have the special permission of the planning commission, who shall determine the tree’s exact location so that it will not be injured or destroyed when the street is improved.
3. Spacing of trees shall be determined by the planning commission according to local conditions and species to be used, their mature height, spread and form.
4. The recommended size shall be designated as fifteen-gallon size (accepted trade sizing), and the minimum size acceptable shall be fifteen-gallon. (Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.060 Maintenance.
A. It is made the duty of all owners and persons having possession and control of real property within the city to cultivate and care for and provide complete maintenance of all shrubs, lawns and ground covers planted or set out within any of the streets, avenues, highways and parkways adjacent to their real properties.
B. Owners and persons having possession or control of real property within the city are encouraged to promptly notify the public works director of any tree or shrub in a public area immediately adjacent to the person’s property which is in such condition as to be a menace to public safety or dangerous to life or property.
C. Trimming and Removal. Except as may be provided in subsection E of Section 12.16.100, the city will not remove a tree in the parkway adjoining any property unless such tree is a hazard to the street maintenance or other services of the city. Responsibility and expense for all other tree removals shall be borne by the requesting property owner, person, firm, association, corporation or franchise.
D. Spraying. Suitable precaution shall be taken to protect and warn the public that spraying is being done. (Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.070 Protection.
During the erection, repair, alteration or removal of any building, house, structure or street in the city, any person, firm, association, corporation or franchise in charge of such work shall protect any tree, shrub or plant in any street, park, boulevard or public place in the vicinity of such building or structure with sufficient guards or protectors as shall prevent injury to the tree, shrub or plant arising out of or by reason of the erection, repair, alteration or removal, and shall be held responsible if the public works director determines that this protection has not been provided. (Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.080 Abuse or mutilation.
It is unlawful for any person to:
A. Damage, cut, carve, etch, hew or engrave or injure the bark of any street tree;
B. Allow any gaseous, liquid or solid substance harmful to trees to come in contact with any part of any street tree;
C. Deposit, place, store or maintain upon any public area any stone, brick, concrete or other material which may impede the free passage of air, water and fertilizer to the roots of any tree or shrub growing therein, except by written permit of the public works director;
D. Damage, tear up or destroy any plantings, grass, flowers, shrubs or trees planted upon or in any public place or area in the city, except as may be authorized by the provisions of Section 12.16.040; and
E. Paint, tack, paste, post or otherwise attach or place any advertisement, notice, card or announcement or any printed or written matter or any wire, board, platform or injurious material of any kind upon any tree or shrub situated in any public place or area in the city. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. (Ord. 627 § 22, 2001: Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.085 Restoration fees.
A. Any person responsible for the topping or illegal pruning of city trees shall be required to pay a restoration fee to the city. The fee shall be established by the public works director either (1) in an amount sufficient to permit the city to maintain the tree over whatever period is required to restore it to appropriate dimensions and undertake routine pruning and maintenance during such period, or (2) if the public works director is of the opinion that the tree cannot be fully restored within a reasonable time, the public works director shall fix the restoration fee at an amount sufficient to replace the tree with a like tree and maintain the like new tree until it is fully established.
B. The public works director shall notify, by first class mail or personal service, all persons who he or she determines are responsible for the damage to the tree of the amount he or she has fixed as a restoration fee. Any person aggrieved by the determination of the public works director may appeal the determination to the city council within fifteen days of receipt of the notice. The city council shall set the matter for hearing and give notice to the person who appeals of the time and place set for the hearing. Following the hearing, the city council shall make its determination. The city council’s determination shall be final. Any restoration fees not paid shall be a joint and several debt to the city of all persons given notice that they are responsible for the topping or illegal pruning of city trees. (Ord. 491 § 1 (part), 1989)
12.16.090 Existing trees.
Those existing street trees with approved planting plan may remain until by old age or other reasons they are removed. When any new street tree is planted it shall conform to the street tree planting guide referred to in subsections A and B of Section 12.16.050. (Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.100 Nuisance trees or shrubs.
A. The council, pursuant to the power and authority vested in it to do so under the provisions of Sections 38771 and 38773 of the Government Code of the state, does find and declare that any of the following is apt to cause injury or damage to persons or property, or constitutes a then-present menace or threat to life or property, or constitutes and is a nuisance, and shall be subject to abatement as such by civil action or summarily as provided by law:
1. Any dead, diseased, infested, leaning or dying tree on private property so near to any street as to constitute a danger to street trees, or streets, sidewalks, or portions thereof, or the life, health or safety of the public;
2. Any tree, shrub or plant on any private property or in a parkway of a type of species apt to destroy, impair or otherwise interfere with any street improvement, sidewalk, curb, approved street tree, gutter, sewer or other public improvements including water utilities or services;
3. Any tree or shrub or parts thereof growing upon private property but overhanging or interfering with the use of any street, parkway, sidewalk or public place of the city such that in the opinion of the public works director it endangers the life, health, safety or property of the public;
4. The existence of any branches or foliage on private or public property which interferes with visibility on, or free use of, or access to any portion of any street improved for vehicular or pedestrian travel.
B. Unapproved trees and/or shrubs on public property which constitute a public nuisance shall be removed, replaced or trimmed at the expense of the adjacent property owner as ordered by the public works director upon the recommendation of the planning commission and approval of the city council.
C. It shall be the duty of all owners and persons having possession and control of real property within the city to abate any public nuisances referred to in this section that occur on their real properties.
D. Trees existing on city property that have been planted without city council approval are subject to review by the planning commission and may be removed by the city. (Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.110 Civil or criminal abatement proceedings.
Nothing in this chapter shall be deemed to prevent the council from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law. (Ord. 491 § 1 (part), 1989: Ord. 361 § 1 (part), 1981)
12.16.120 Appeal.
Any decision of the planning commission made pursuant to this chapter may be appealed to the city council. The applicant, or any other interested party, must file a written request for appeal with the city clerk on the prescribed form within fifteen days of the planning commission decision. The city may charge a fee for such an appeal to be established by city council resolution. The city council shall hold a hearing on any such appeal for which the appellant shall receive at least three days’ prior notice. The city council may take whatever action in its discretion it shall deem appropriate on an appeal under this section. The action of the city council shall be final. (Ord. 533 § 1 (part), 1991)
12.16.125 Council review.
The city council may exercise its power of review pursuant to Section 17.04.100 of this code with regard to any action taken pursuant to this chapter. With the exception, however, that the council, at the time the item is designated for review shall determine whether or not notice to neighboring property owners shall be required. If the council chooses to require notification, it shall be given to the owners of property directly abutting the affected property or whose property is separated from the affected property only by a public right-of-way, or such other notice as the council shall deem necessary. (Ord. 533 § 1 (part), 1991)