Chapter 12.32 URBAN FORESTRY

This chapter shall set forth all tree-related policies, regulations, and generally accepted standards necessary for planting, trimming, and removing trees on public property and public rights-of-way. Additionally, this chapter sets forth policies relating to trees native to Poway and trees growing on industrial and commercial property. The provisions of the chapter are enacted to:

A. Ensure that the City of Poway will continue to realize the benefits provided by generally accepted practices of urban forestry;

B. Clarify property owners’ basic responsibilities to ensure that trees on public rights-of-way are properly maintained and that trees native to the Poway area are not arbitrarily removed;

C. Identify the Department of Public Services as the City department responsible for the care of public trees throughout Poway; identify the Director of Public Services as the responsible City Administrator for encroachment permits and public tree removal permits; identify the Development Services Department as the City department responsible for private tree removal permit administration; and identify the Director of Development Services responsible for code enforcement pertaining to private trees;

D. Maintain the practice of protecting native trees and heritage trees by requiring property owners to obtain the appropriate City permit from the Department of Public Services or Department of Development Services prior to any removal of said types of trees;

E. Maintain the maximum amount practical of tree cover on public parks and open space lands within the City of Poway;

F. Maintain the City of Poway’s commitment to generally accepted International Society of Arboriculture practices and standards;

G. Maintain appropriate diversity of tree species and age classes to provide the community with a stable and sustainable urban forest environment;

H. Establish a Poway Tree Committee to hear appeals, make recommendations regarding tree maintenance and landscaping decisions, promote generally accepted International Society of Arboriculture practices and standards within the Poway community, and establish and implement procedures for identifying and designating heritage trees in Poway;

I. Maintain the practice of managing trees on public rights-of-way in a manner that does not damage, obstruct, or interfere with public improvements;

J. Manage the planting of trees on public rights-of-way on residentially classified streets;

K. Maintain the practice of requiring tree removal permits for the removal of trees on public rights-of-way. (Ord. 521 § 1(B), 2000)

12.32.030 Findings.

Information and reports received by the Poway City Council indicate that an urban forestry ordinance acts as a guideline and standard to ensure City staff and City residents implement generally accepted International Society of Arboriculture practices and standards. These practices will sustain, preserve, and enhance the aesthetic qualities found within the Poway community. Moreover, it has been concluded that healthy and growing trees provide shelter and sustenance for indigenous wildlife. Research has shown that air pollution and its unhealthful effects upon residents and fauna are mitigated when there are abundant urban trees. The City Council finds that the preservation of native trees is especially important in the practice of urban forestry. Additionally, the City Council finds that trees having historic or cultural significance in Poway shall be protected. (Ord. 521 § 1(B), 2000)

12.32.040 Definitions.

Words and phrases in the chapter shall have the common and usual meaning except as they may be defined below or elsewhere in this code.

“Heritage tree” means any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance.

“Native tree” means any tree of the following species: Coast Live Oak (Quercus agrifolia), Canyon Live Oak (Quercus chrysolepis), Englemann Oak (Quercus engelmannii), and California Sycamore (Platanus racemosa).

“Private trees” means both trees whose trunks are located upon privately owned property and trees planted by property owners on public rights-of-way.

“Public trees” means both trees growing on publicly owned property and trees planted by the City growing on public rights-of-way.

“Shrubs” means a bush or a plant more than 12 inches but not more than six feet tall.

“Street classification” means the name attributed with a set of street and road characteristics listed in the roadways element of the “Poway General Plan, 1991.”

“Topping” means the severe cutting back of limbs to stubs larger than three inches in diameter, within the tree’s crown, to such a degree as to remove the tree’s natural canopy and/or severely disfigure the tree’s appearance.

“Tree” or “trees” means any individual or group of self-supporting woody perennial plant or plants growing with a single or multi-stemmed trunk supporting a crown of branches.

“Tree committee” means a body consisting of three at-large members appointed by the City Council and two City staff members charged with the duties identified in PMC 12.32.190.

“Trees growing on public property” means trees whose trunks are located in whole or in part on property owned by the City or any other public agency.

“Trees growing on public rights-of-way” means trees whose trunks are located in whole or in part on property in which the City owns an interest for purposes of vehicular, pedestrian, equestrian, or City utility use. (Ord. 521 § 1(B), 2000)

Article II. Planting, Trimming, or Removal of Trees on Public Property or on Public Rights-of-Way

12.32.050 Destruction of public trees prohibited.

No person shall break, deface, destroy, or burn public trees. (Ord. 521 § 1(B), 2000)

12.32.060 Interference prohibited.

No person, firm, or corporation shall interfere with the Director of Public Services or persons acting under his/her authority while engaged in trimming, planting, mulching, pruning, or removing a public tree or any tree growing on public right-of-way within the City of Poway. (Ord. 521 § 1(B), 2000)

12.32.070 Topping of public trees is prohibited.

The topping of public trees is prohibited, unless the failure to top a tree poses a threat to public safety. (Ord. 521 § 1(B), 2000)

12.32.080 Annual spring pruning of public trees is prohibited.

No person shall annually prune public trees from March 15th until June 15th of any given year to protect bird species during the bird mating season. (Ord. 521 § 1(B), 2000)

12.32.090 Tree planting standards.

All trees planted on public property and on public rights-of-way shall be planted in accordance with the tree-planting standards defined in the adopted “City of Poway Guidelines to Landscape Requirements.” The tree must be planted at a location approved by the Director of Public Services, or his/her designee. (Ord. 521 § 1(B), 2000)

12.32.100 Tree planting encroachment permit.

The Director of Public Services, in cooperation with the Director of Development Services, shall administer the City of Poway’s encroachment permits for trees. A property owner must obtain an encroachment permit to plant a tree on a public right-of-way or City easement. The Director of Development Services is responsible for encroachment permit record keeping. (Ord. 521 § 1(B), 2000)

12.32.110 Tree removal permit.

A. The Director of Public Services, in cooperation with the Director of Development Services, shall administer the City’s tree removal permit program for trees growing on public property and trees growing on public rights-of-way.

B. No person, including the City, shall remove a public tree or a tree growing on a public right-of-way without first obtaining a tree removal permit issued by the Director of Public Services or his/her designee. The City shall notify the adjoining property owner and occupant 10 days prior to the removal of a tree within the public right-of-way on classified residential streets. The tree removal permit authorizing the removal of a specific tree on public property or on a public right-of-way shall be subject to terms and conditions deemed appropriate by the Director of Public Services or his/her designee. The Director of Public Services shall review each tree removal permit application and make a recommendation as to whether the permit shall be issued or denied. The Director of Development Services is responsible for tree removal permit record keeping.

C. The decision to issue or deny the permit and any terms and conditions of the permit shall be based on the following criteria:

1. The condition of the tree with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures and interference with utility services, age or remaining life span, and whether or not the tree acts as host for a plant which is parasitic to other species of trees which are in danger of being infested or exterminated by the parasite;

2. The necessity of the requested action to construct improvements, or allow economic or other enjoyment of the property;

3. The topography of the land and the effect of the requested action on erosion, soil retention, water retention, and diversion or increased flow of surface water;

4. The number, species, size, and location of existing trees in the area and the effect of the requested action in terms of providing shade, protection from wind, air pollution reduction, historic or cultural value, and scenic beauty upon the health, safety, aesthetics, and general welfare of the City as a whole;

5. Generally accepted International Society of Arboriculture practices addressing topics such as, but not limited to, the number of healthy trees a given parcel of land will support. (Ord. 521 § 1(B), 2000)

12.32.120 Appeal of permit decision.

Any action by the Director of Public Services may be appealed to the Poway Tree Committee. To be effective, an appeal shall be filed within 30 working days after the decision of the Director. The appeal shall be in writing and filed with the Public Services Department. The appeal must clearly specify the reason(s) for which the appeal is requested. The Poway Tree Committee shall have 30 working days to render a decision. (Ord. 521 § 1(B), 2000)

12.32.130 Replacement of trees.

A. Any person removing a tree from public property or public right-of-way pursuant to a tree removal permit issued by the Director of Public Services or his/her designee may be eligible for reimbursement of a portion of the cost of a replacement tree through the Poway tree trust fund. Replacement trees shall be one of the species on the approved street trees or slope plant materials list contained within the adopted “City of Poway Guidelines for Landscape Requirements.” A property owner must obtain an encroachment permit to plant a replacement tree on public right-of-way.

B. Any person removing a native tree from public property or on public right-of-way pursuant to a tree removal permit issued by the Director of Public Services or his/her designee shall replace such tree on a one-for-one basis with a minimum size 24-inch box specimen tree of the same species as the tree removed. The replacement tree shall be planted at a location approved by the Director of Public Services. Where the native tree to be removed exceeds the size of a 72-inch-box specimen (approximately eight inches in diameter), two 48-inch-box specimen trees shall be used as replacements. These requirements may be waived or modified by the Director of Public Services, if it is determined that the requirements impose an unreasonable hardship. A portion of the cost of the replacement trees may be reimbursed through the Poway tree trust fund. (Ord. 521 § 1(B), 2000)

12.32.140 Property owner’s tree care responsibilities for trees on public rights-of-way.

A. Property owners having trees or shrubs growing on public rights-of-way shall maintain these trees and shrubs to a reasonable standard of care. Reasonable care ensures that trees and shrubs growing on public rights-of-way do not block pedestrian visibility; do not obstruct street clearance requirements; do not obstruct sidewalk clearance requirements; do not obstruct traffic signals or signs; do not grow into overhead utility lines; and do not allow tree root structures to undermine sidewalks, curbs, gutters, adjacent roadways, and underground utilities such as water and sewer lines.

B. When necessary, residents shall be notified to exercise reasonable tree and landscaping care on public rights-of-way by the Director of Public Services or his/her designee; the affected homeowner shall comply with the order within 30 calendar days of notice. The cost of this required tree trimming shall be that of the homeowner. If the homeowner does not comply, the City will follow the abatement procedures as defined in Chapter 8.72 PMC, “Nuisance Abatement Procedure.” (Ord. 521 § 1(B), 2000)

Article III. Removal of Trees on Private Property

12.32.150 Private tree removal permit.

A. The Director of Development Services shall maintain the City of Poway’s private tree removal permit records and issue such permits.

B. A property owner shall first obtain a private tree removal permit authorizing the removal of a private tree that is a native tree or a heritage tree subject to terms and conditions deemed appropriate by the Director of Development Services or his/her designee. On commercial and industrial property, a permit shall be required for the removal of any living tree greater than three inches in diameter.

C. Applicants shall be expected to replace these types of trees in accordance with PMC 12.32.170; “Replacement of Trees.” The Director of Development Services, or his/her designee shall review each private tree removal permit application and make a recommendation as to whether the permit shall be issued or denied. The decision to issue or deny the permit and any terms and conditions of the permit shall be based on the following criteria:

2. The necessity of the requested action to construct improvements, or allow economic or other enjoyment of the property;

3. The topography of the land and the effect of the requested action on erosion, soil retention, water retention, and diversion or increased flow of surface water;

5. Generally accepted International Society of Arboriculture practices addressing topics such as, but not limited to, the number of healthy trees a given parcel of land will support;

6. Native trees shall be retained unless their removal is absolutely necessary. (Ord. 521 § 1(B), 2000)

12.32.160 Appeal of permit decision.

Any action by the Director of Development Services may be appealed to the Poway Tree Committee. To be effective, an appeal must be filed within 30 working days after the decision of the Director. The appeal must be in writing and be filed with the Public Service Department. The appeal shall clearly specify the reason(s) for which the appeal is requested. The Poway Committee shall have 30 working days to render a decision. (Ord. 521 § 1(B), 2000)

12.32.170 Replacement of trees.

Any person removing a live tree pursuant to a permit issued by the Director of Development Services or his/her designee shall replace such tree on a one-for-one basis with a tree of the same size of a species and in a location approved by the Director of Development Services or his/her designee. Where the tree to be removed exceeds the size of a 72-inch-box specimen (approximately eight inches in diameter), two 48-inch box specimen trees shall be used as replacements. These requirements may be waived or modified by the Director of Development Services if it is determined that the requirements impose an unreasonable hardship. (Ord. 521 § 1(B), 2000)

12.32.180 Commercial, industrial, and residential development projects.

For commercial, industrial, or residential projects requiring City approval, existing on-site trees shall be retained wherever possible and shall be trimmed and maintained in accordance with the adopted “City of Poway Guidelines to Landscape Requirements.” A master plan of the existing on-site trees shall be provided to the Development Services Department prior to the issuance of building and grading permits, to determine which trees shall be retained. Any dead, decaying, or potentially dangerous trees shall be approved for removal at the discretion of the Director of Development Services during review of the master plan of existing on-site trees. All trees that are removed shall be replaced on a one-for-one basis as described in PMC 12.32.170, and replacements should be one of the species contained in the adopted “City of Poway Guidelines to Landscape Requirements.” (Ord. 521 § 1(B), 2000)

Article IV. Poway Tree Committee

12.32.190 Poway Tree Committee.

The Poway Tree Committee shall consist of three members appointed by the City Council and two City staff members. The Poway Tree Committee shall consider tree removal and encroachment permit appeals. Additionally, the Poway Tree Committee shall review, study, and make recommendations to the Directors of Public Services and Development Services on issues concerning:

A. Tree maintenance, landscaping policies and work plans impacting public property and trees on public rights-of-way;

B. The promotion of generally accepted International Society of Arboriculture practices within the Poway community, including the discouragement of topping of trees on private property;

C. The maintenance of the tree inventory;

D. The identification of heritage trees in Poway for recommendation to the City Council. (Ord. 521 § 1(B), 2000)

12.32.200 The Poway tree trust fund.

The Poway Tree Committee shall be responsible for administering the Poway tree trust fund and reporting annually to the Director of Public Services on expenditures. The City Council shall receive a copy of the annual report. To encourage the planting of trees in Poway in public open space areas and on public property, while discouraging the planting of trees on public rights-of-way, program funds shall provide for the planting of trees in Poway and the cost of a replacement tree for trees removed from public rights-of-way. Interest earned from the Poway tree trust fund can be used for the costs of providing an annual Arbor Day celebration event. The Poway tree trust fund’s annual contribution to an Arbor Day event cannot exceed the amount of annual interest earned from the Poway tree trust fund. (Ord. 521 § 1(B), 2000)

Article V. Severability, Violations and Penalties

12.32.210 Severability.

Should any part or provision of this chapter be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part held to be invalid. (Ord. 521 § 1(B), 2000)

12.32.220 Violation – Penalty.

Any person, partnership, organization, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any provisions of this title or violating or failing to comply with any order to regulation made under this title, shall be guilty of a misdemeanor or an infraction and, upon conviction thereof, shall be punishable as provided by Chapter 1.08 PMC. (Ord. 521 § 1(B), 2000)