Chapter 13.76
PARKWAY TREES

Sections:

13.76.010    Purpose of Chapter and Findings.

13.76.020    Definitions.

13.76.030    Street Trees Property of City.

13.76.040    Authority of City/Director.

13.76.050    Permits, General.

13.76.060    Prohibitions and Penalties.

13.76.070    Criteria For Removal of Trees.

13.76.080    Duty of Utility to Protect Trees.

13.76.090    Duty of Property Owner To Maintain Street and Private Trees.

13.76.100    Construction/Subdivision Requests, Alteration or Removal of Structures Affecting Street Trees.

13.76.110    Procedure for Establishing Parkway Tree Influence Area.

13.76.120    Areas Exempt from Parkway Tree Influence Area.

13.76.010 Purpose of Chapter and Findings.

This Chapter is adopted for the purpose of establishing rules and regulations relating to the planting, care, maintenance and removal of trees, shrubs and any other plantings in public areas, rights-of-way and easements, and relating to certain activities on private property. (Ord. 90-15, 7/10/90)

13.76.020 Definitions.

The following definitions shall apply to this Chapter.

“Conforming Tree” means an approved tree that is included on the City’s adopted Master Street Tree List, planted and grown in accordance with the Street Tree Program.

“Director” means the Parks, Recreation and Community Services Director or the Parks, Recreation and Community Services Director’s designee.

“Even-aged” means those trees of similar species, or of different species with similar life span, all of which were planted at approximately the same time and are likely to decline simultaneously.

“Historic Planting” means any tree, shrub or other plant within the City on either public or private property which has been found to be of notable historic interest and so designated by Resolution of the City Council.

“Maintain” or “Maintenance” means and includes pruning, spraying, root pruning, mulching, fertilizing, cultivating, supporting, treating for disease or injury, promoting public safety, or other similar act which promotes the life, growth, health or beauty of any planting on public property.

“Monocultures” means single species plants, whether or not even-aged, which can intensify problems of disease susceptibility and/or insect infestation.

“Official Planting” means any tree, shrub or other plant which has been planted in accordance with the Street Tree Program.

“Park Tree” means any trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City or to which the public has free access as a park.

“Parkway” means that portion of a public street which is not improved for actual street, curb, gutter or sidewalk use and which is available for planting and maintaining street trees.

“Private tree” means any tree, shrub or other plant which is not a street tree, and which is located on private property.

“Property owner” means the legal owner of any real property facing on any street of the City, and any lessee of such owner.

“Protected tree” means any tree in one or more of the following categories which are to be protected and preserved as long as possible, and so designated by resolution of the City Council. Trees are as follows:

1.    “Exceptional specimen tree” means a tree considered an outstanding specimen of its species by reason of age, rarity, location, size, aesthetic quality, endemic status, or unique character, and so designated by resolution of the City Council.

2.    “Habitat tree” means a tree (or any group of trees) which has special importance as a wildlife habitat, and so designated by resolution of the City Council.

3.    “Historic tree” shall mean a living tree in association with some event or person of historical significance to the community or because of special due to size, condition or aesthetic qualities, and so designated by resolution of the City Council.

4.    “Indigenous tree” means a tree which occurs naturally in the City of Santa Clarita, and so designated by resolution of the City Council.

“Pruning,” “trimming” or “thinning” means methods to control the height and spread of a tree, lessen the wind resistance, preserve its health and appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within, and make adjustments which will increase its longevity in an urban environment.

“Public area” means any park, playground, or area around public buildings, public parking lots, and all other areas under the supervision and control of the City, not including any public street.

“Public nuisance” means trees or other plantings that cause an unsafe, hazardous condition over, on or around public areas, parkways or roadways. Including but not limited to: transferring of uncontrollable tree diseases, unsafe vehicle sight visibility, utility damage, public improvement damage, unsafe tree parts, excess limb weight, and vine growth onto public areas, parkway trees or utilities.

“Public street” means and includes every way set apart for public travel or use in the City, including any area available for use as a City street, road, avenue, boulevard, lane, alley, parkway, planting strip, curb, gutter or sidewalk owned by the City in fee or as an easement or right-of-way for public use.

“Root barrier” means any number of devices, materials or methods of directing or redirecting the root systems of trees away from the surface of the ground in order to prevent or minimize root damage to adjacent concrete or asphalt public improvements, or to nearby utilities or structures, and to so control growth of tree root systems as to assure more deeply rooted and firmly anchored trees which are better able to withstand strong winds.

“Root pruning” means cutting back tree roots where they may be damaging curbs, gutters, sidewalks, driveways, and possibly sewer and water lines or other utilities in an attempt to prevent further damage, undertake necessary concrete repair work, all in the interest of saving trees versus removals.

“Specimen tree” means any tree which has been so designated by resolution of the City Council as having a high degree of value due to its type, age, size, conformation or location.

“Street tree” means any tree growing in parkways within the City.

“Street tree program” means management practices in relation to arboriculture industry standards of tree maintenance, including pruning, fertilization, pest and disease control, planting, watering, removing and recycling of trees.

“Temporary tree” or “interim tree” means a short term, usually fast-growing and inexpensive species which would occupy certain planting sites until it is time to plant the next generation of the chosen species, enabling scheduled tree replacement to be so staged as to allow several generations of trees to be present at all times to prevent the required minimum canopy coverage.

“Topping,” “heading,” “stubbing” and “pollarding” means relatively severe types of pruning which usually produce less desirable results than more moderate pruning with respect to a tree’s natural form, and which should be used sparingly and only when considered necessary to eliminate hazards to human life or private property.

“Tree” means any woody plant, including a palm, which has the potential of attaining a minimum height of fifteen feet and has a canopy of foliage borne normally by a single trunk.

“Tree well” means a planting area found in an otherwise paved public street and is included in the definition of parkway.

“Urban forestry” means the ecology of native and nonindigenous plantings creating a forest in the human living environment, and emphasizing the practice of wise professional planned management of all tree resources within an urban area including trees in public streets, public areas, and on private property to provide for multiple use benefits for the general well-being of the entire community. (Ord. 90-15, 7/10/90; Ord. 05-1 § 2, 1/25/05)

13.76.030 Street Trees Property of City.

All trees and shrubs planted or existing in the city’s street, park, public right-of-way or easement or other public place within the City limits and so considered and/or dedicated as City property, is the property of the City. (Ord. 90-15, 7/10/90)

13.76.040 Authority of City/Director.

A.    Authority Over Street Trees. The City shall have control of all street trees, shrubs and other plantings now or hereafter in any street, park, public right-of-way or easement, or other public place within the City limits, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs and other plantings.

B.    Responsibility of Director. The Director has the responsibility for the inspection, maintenance, removal, planting and replacement of all trees within the City’s streets, parks, public right-of-way, easement, or other public place within the City limits. The Director shall plan, administer, control and regulate the tree program of the City.

1.    Protected Trees. This chapter is intended to give, and gives, full and complete authority to the Director over all protected trees existing or hereafter to be planted and grown upon any and all public streets and public areas in the City. Protected trees are so designated by resolution of the City Council.

C.    Authority Over Trees Beyond the Parkway/Responsibility of the Property Owner. There is hereby created a “parkway tree influence area” which shall, upon City Council designation, include areas on private property within fourteen (14) feet of paved surface on any major highway, as designated in the City of Santa Clarita General Plan. The City Council may establish such a parkway tree influence area by resolution pursuant to sections 13.76.110 and 13.76.120. The purposes of the parkway tree influence area include: to eliminate competition between the City street tree landscaping plan and private development landscape plans, to protect existing trees outside of the right of way but within the parkway tree influence area, and to protect the parkway tree influence area on both developed and undeveloped lots for future street tree planting. The Director shall have the authority to approve, by permit, the proposed planting, pruning, trimming, root pruning or removal of trees planted in the parkway tree influence area, as designated by the City Council. Following such a designation by the City Council, the private property owner shall remain responsible for the maintenance and care and shall continue to assume all liability for such private property within the influence area. (Ord. 90-15, 7/10/90; Ord. 91-45, 11/12/91)

13.76.050 Permits, General.

A.    Permits—Street Trees.

1.    Permit Required for Planting, Removing, or Maintenance. Whenever a property owner desires to plant, prune, trim, root prune or remove trees planted in a parkway or public area, an application shall be filed with the Director for a permit to take such actions. If the Director finds that such action is to the advantage of a tree, or removal is imperative due to safety considerations, and upon the approval of the City arborist, a permit may be issued, but only for such work that will not create, continue or aggravate any hazardous condition or public nuisance, will not prevent or interfere with the growth, location or planting of approved street trees, and is consistent with the street tree program. The Director may waive the permit requirements for minor trimming or pruning activities, such as the removal of palm fronds.

2.    Permit Required for Planting, Removing, or Maintenance of Tree in Parkway Tree Influence Area. Whenever a property owner desires to plant, prune, trim, root prune or remove trees planted in a parkway tree influence area, an application shall be filed with the Director for a permit to take such action. No permit fee shall be required by the City. If the Director finds that such action is to the advantage of a tree, and upon the review of the City Arborist, a permit may be issued, but only for such work that will not create, continue or aggravate any hazardous condition or public nuisance, will not prevent or interfere with the growth, location or planting of approved street trees, and is consistent with the street tree program. If major tree pruning is requested, the City permit shall require that the pruning comply with the standards of the City Arborist and the National Arborist Association Standards for pruning of shade trees. The City may waive the permit requirements for minor trimming or pruning activities, such as removal of palm fronds and sucker growth. Nothing in this section shall require a permit to conduct emergency work, including pruning, trimming or tree removal, when required to protect persons or property from immediate threats of harm or damage.

B.    Permit Revocation and Other Requirements.

1.    Permit Denied. If a permit is denied, a written denial shall be given the applicant stating the reasons. Such decisions may be appealed to the Parks, Recreation and Community Services Commission within twenty (20) days of written denial.

2.    Permit Revocation. Work undertaken by the permittee or his agent may be stopped immediately and the permittee’s permit may be revoked by verbal presentation or written order of revocation by the Director when, in the Director’s opinion, the program of work or conditions outlined in the permit are not being complied with. Such revocations may be appealed to the Parks, Recreation and Community Services Commission within twenty (20) days of revocation.

3.    One Permit. If a person obtains a building permit or other permit from the City and street work is required or authorized under that permit, the person need not obtain a separate street tree permit. Under the general supervision of the Director, the appropriate department shall supervise street work performed under a permit issued by that department. However, it will be required of developers or contractors to notify the City Parks, Recreation and Community Services Department of the types, quantities and sites of trees planted. This information will be used for the purpose of updating the City’s tree inventory. This chapter applies to “tree planting” only; all other work is subject to the permit issuance provision of this section.

4.    Bond. If, in the judgment of the Director, the nature, extent or benefit to the public health or safety of any proposed work is considered significant, as a condition of the issuance of any permit the posting of a bond may be required guaranteeing the completion of such work to the satisfaction of the Director. The bond amount will be one hundred percent (100%) of actual job value.

5.    Insurance Requirements. Any person, firm or corporation engaged in the business of maintaining or removing City trees shall carry public liability and property damage insurance in an amount to be determined by the City Council and policies or certificates thereof shall be filed with the City Clerk. An indemnity agreement and certificate of self-insurance shall constitute compliance with this requirement for regulated public utilities.

C.    Permits—Utilities. Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State of California and any constituted public agency authorized to provide and providing utility service shall be issued a permit valid for one (1) year from the date of issuance, permitting such person(s) or its authorized contractor to trim, prune, brace or perform other acts, except removal, with respect to trees growing on parkways or on public areas of the City as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business. Before any tree is removed, under the above provisions, a permit must be obtained from the Director. Emergency services are exempted pursuant to Section 13.76.080. In an emergency, trees may be removed by the public utility without a permit pursuant to California Public Utilities Commission Rule 35, of California General Order 95, when deemed necessary by the public utility.

D.    Appeals from Discretionary Decisions by the Director. Any person excepting to the denial, suspension, revocation or award of a permit applied for or held pursuant to any administrative decision made by the Director, if the denial, suspension, revocation or award of the permit or determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to the provisions of this ordinance, may appeal in writing to the Parks, Recreation and Community Services Commission by filing with the City Clerk a written notice of such appeal. No appeal may be taken to any such administrative decision made by any official acting on behalf of the Director unless such decision to appeal has been first taken up with the Director, and such official has not adjusted the matter to the appellant’s satisfaction. No right of appeal to the Parks, Recreation and Community Services Commission from any administrative decision made by the Director pursuant to any provisions of this ordinance shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or a personal judgment exercised pursuant to any of the provisions of this ordinance, whether the administrative decision involves the denial, suspension, revocation or award of a permit or any other administrative decision. The decision of the Planning Commission may be appealed to the City Council pursuant to Section 2.04.060. (Ord. 90-15, 7/10/90; Ord. 91-45, 11/12/91; Ord. 05-1 § 2, 1/25/05)

13.76.060 Prohibitions and Penalties.

A.    Interference with Work or Enforcement.

1.    No person shall interfere with or cause any person to interfere with any work being done under the provisions of this chapter by the Director or any employee of the City, or by any person or firm doing work on a contract basis for the City or under a permit granted by the City, nor interfere with or cause any person to interfere with or delay the authorized representatives of the City from the execution and enforcement of this chapter, except as provided by law.

2.    No person shall interfere with, or cause anyone to interfere with or damage adjacent structures, facilities, or utilities while removing, trimming, or cutting any street trees. The owner of such facilities shall be notified when such work may interfere with or cause damage to the facilities. The cost of repair of the damage to adjacent structures, facilities, or utilities shall be the responsibility of the person, firm or corporation doing or causing the work to be done and shall restore damaged areas to previous conditions.

B.    Nonpermitted Plantings. No person shall plant or install in a parkway or public area unless otherwise permitted by the Director a nonconforming tree, trees that the canopy or root system competes with parkway trees, or trees that cause a public nuisance.

C.    Unlawful Damage. No person shall cause any unlawful damage to any street tree, by injuring, defacing, breaking, abusing, killing or destroying by any means any street tree including, but not limited to, the following:

1.    Constructing a sidewalk or driveway or otherwise filling up the ground in the vicinity of any street tree so as to shut off air or water from its roots.

2.    Constructing or maintaining of a stone, cement or other substance so that it impedes the free access of water or air to a street tree.

NOTE: At least twelve square feet of open ground shall be maintained around a street tree unless the Director specifically permits otherwise.

3.    Planting, placing or constructing of shrubs, trees, flowers, vines, fences, rocks, gravel, signs, stakes or other substance or objects, except watering basins for young trees and temporary protection for newly planted lawns, or cause or create conditions of uneven ground, holes or other hazards, in a parkway that will cause damage or interference with normal growth and maintenance of street trees.

4.    Piling building materials, equipment, or other substance around any street tree, 12 square feet clearance must be maintained.

5.    Pouring or applying any gaseous, liquid or solid deleterious matter or substance on any street tree or on ground near any street tree.

6.    Posting of signs, posters, notices, leaflets, handbills, or other printed material or object on, or fastening guy wire, cable, rope, nails, screws or other device to street tree, tree stake or guard.

7.    Causing or encouraging any fire or burning near or around any street tree.

8.    Using of mechanical weeding device against a street tree, damaging the bark and cambium tissues.

9.    Constructing retaining walls, fences, or other similar improvements which prohibit the planting or maintenance of street trees or otherwise affect their growth.

10.    Operating equipment in such a manner causing contact with a street tree.

11.    Disrupting the anchorage of, or changing the grade around, street trees.

12.    Cutting into the trunk area of a tree.

13.    Tree Topping - Heading, stubbing and pollarding as defined under definitions of this ordinance is prohibited. Upon Director approval topping may be considered where necessary to eliminate public nuisances, hazards to human life or private property.

14.    Root Damage - Persons excavating, trenching, or otherwise engaged in subsurface activity within any public area, parkway or roadway shall not remove or detach the root system of trees that would amount to 1/4 of said trees root system and/or remove or detach major anchorage roots that may leave trees unsafe. Other alternatives may be deemed necessary by the Director in the attempts to maintain the health and safety of considered trees.

D.    Non-permitted Parkway Lines or Objects - Domestic non-permitted lines or objects in City parkways, such as sprinkler irrigation lines, water drain pipes or landscape dressings, such as loose bricks, ground cover, plantings or any decorative item shall be removed by adjacent property owner 72 hours prior to subsurface tree activity performed or caused to be performed by the City. A minimum of two weeks notice shall be given to the adjacent property owner prior to such activity. The City or its agent shall not be held responsible for damage to any such non-permitted underground facilities.

E.    Damage To Tree(s) - Civil Penalties - It shall be unlawful for person(s) to cause damage to tree(s) pursuant to this chapter by any act or omission, whenever such act or omission is prohibited by or not authorized by this Chapter. Accidental, willful injury, disfigurement or destruction of any public tree(s) shall be a violation of this Chapter.

In addition to any criminal penalty, the violator will be charged for all replacement or repair costs in an amount equal to cost of replacing the tree with a tree of similar size, including labor and administrative costs. Such costs shall be determined by the Director.

F.    Criminal Violation. Multiple Violations.

1.    Infraction. Any violation of any provision of this ordinance shall be an infraction, unless stated otherwise. Any person convicted of an infraction under the provisions of this ordinance shall be punishable for a first conviction by a fine of not more than $250 and for a second conviction within a period of one year by a fine of $500.

2.    Multiple Infractions - Misdemeanor. Any person convicted of an infraction under the provisions of this ordinance for a third time within a period of one year shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment.

3.    Each Tree Constitutes One Violation - Damage to any one tree constitutes a separate violation under this chapter for purposes of both criminal and civil penalties. (Ord. 90-15, 7/10/90)

13.76.070 Criteria For Removal of Trees.

A.    Criteria for Removal - Subject to the provisions of this Chapter, the Director shall be responsible for inspection, maintenance, removal and replacement of street trees, and may cause street trees to be removed by the City if they are deemed by the Director to be unhealthy, hazardous, undesirable, or causing excessive damage to existing public improvements or other street trees. Acceptable reasons for any removal of a tree shall include, but not be limited to, the following conditions of the tree or trees:

1.    Dead - where all active tissues are no longer alive.

2.    Dying, decayed or hazardous, or so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property.

3.    Diseased beyond reclamation, or the condition of which is a source of present danger to healthy trees in the immediate vicinity.

4.    In dangerous proximity to existing structures, facilities or utilities and where it is not feasible to relocate structure, facilities or utilities.

5.    Constituting a hazard to property or persons using the adjoining streets.

6.    Because of its root system, causing excessive damage to curbs, gutters, sidewalks or driveways.

7.    Obstructing proposed improvements so as to restrict economic enjoyment of the adjacent property, including the construction or safe use of a driveway or parking space for which a permit has been issued unless such tree has been designated a protected tree.

8.    Crowded by other trees, and good horticultural practices dictate removal of some trees.

9.    Otherwise healthy, but the removal of which is considered desirable because it is a proven nuisance species and/or in order to achieve a properly staged tree replacement schedule which enable several generations of trees to exist simultaneously.

10.    Trees so located that can fall into public utility crossing spans, or into any spans, that could communicate trouble to crossing spans, pursuant to the requirement of Rule 35 of the California Public Utilities Commission’s General Order 95.

11.    A tree removal permit may be issued to a property owner at the discretion of the Director. All costs for tree removal permit and actual removal are to be borne by the property owner. In addition, the property owner is to replace the removed tree by a predetermined boxed size tree. Type and location of tree to be planted is determined by the City arborist. City specifications for removal and planting must be followed by the property owner. Property owners are to guarantee survivability of newly planted tree(s) for a period of no less than one year after planting. A tree desired for removal that has a trunk diameter of 12" or less, measured at 41/2” above ground level, shall be replaced with one 24" boxed tree. A tree desired for removal that has a trunk diameter of 12" or greater shall be replaced with one 36" boxed tree.

B.    Removal of Private Trees Or Other Plants By City - If it is determined by the Director that unsafe trees or plant material exists on private property and that unsafe trees or plant material encroaches onto public area or right-of-way and public safety is at risk, the Director shall order the owner of such tree or plant to remove the unsafe trees or plant material at the owner’s expense. Removal(s) will be required within a time period set forth by the Director. If property owner fails to remove the unsafe material within the time period given, the Director will remove said material and all charges for removals, including administrative costs, will be charged to the owner. Owner may appeal such decisions within ten (10) days after notification. Appeals shall be directed to the Parks, Recreation and Community Services Commission.

C.    Removal of Stumps. When trees are removed, all stumps including underground portions shall be removed to a depth specified by the Director. (Ord. 90-15, 7/10/90; Ord. 05-1 § 2, 1/25/05)

13.76.080 Duty of Utility to Protect Trees.

A.    Duty To Prevent Damage. It shall be the duty of any person owning or operating any utilities within any public street (including, but not limited to, water, sewer, electrical, gas, telephone and cable television services) to maintain such utilities in a manner to prevent damage to street trees.

1.    Utility Protection of Trees. During the construction, repair, alteration, removal or moving of any facility or utility, good and sufficient guards shall be placed to prevent injury, damage or defacement to any street tree in the vicinity of such operation. Parkways which are damaged by construction or other act shall be returned to their original condition by the person, persons or firm causing such damage, or shall bear the cost of such action, including legal and administrative costs.

2.    Utility Company Pruning of Trees. When doing routine pruning of street trees to maintain clearance from utility lines, the utility company shall annually inform the Director where trees are to be pruned. All pruning work shall follow proper arboricultural practices as approved by the Director.

3.    Emergency. In an emergency when a street tree is interfering and interrupting service, a public utility company providing gas, water, sewer, electricity, telephone, telegraph or cable television service may trim or remove branches of trees to the extent necessary to restore service and protect its facilities. If the emergency removal of a street tree is necessary and public safety is at risk, only then will it be acceptable to remove said tree(s) to restore or prevent disruption of utility service.

4.    Prevention of Utilities Not Intended. This section shall not prevent persons, firms or public utilities from installing and maintaining structures, facilities or utilities lawfully on, over or under public streets, subject to other provisions of this code as may apply. The Director when maintaining or removing street trees, shall consider the effect upon existing overhead wires or underground pipes or conduits in order to avoid any unnecessary disturbance to or relocation of such facilities, in accordance with the street tree program. (Ord. 90-15, 7/10/90)

13.76.090 Duty of Property Owner to Maintain Street and Private Trees.

A.    Property Owners Responsibility in Parkway. With the exception of pruning and trimming, property owners are responsible for the proper maintenance of parkways abutting their property. Such maintenance shall include watering, keeping the parkways free from weeds or other obstructions harmful to public safety maintaining such areas in a neat, clean, orderly manner.

B.    Property Owners Responsibility for Private Trees. Notwithstanding other provisions of this chapter, it is hereby made the duty of every person owning or occupying any land or lots of land within the City to keep all private trees which extend over any public street trimmed up to a height of not less than fourteen (14) feet, except that a height of not less than eight (8) feet shall be permitted over a sidewalk, parkway or walkway, and also to keep the parkway free of debris. (Ord. 90-15, 7/10/90)

13.76.100 Construction/Subdivision Requests, Alteration or Removal of Structures Affecting Street Trees.

A.    Permit Required. When the construction, repair, alteration or removal of a structure necessitates the planting, trimming, pruning or removal of a street tree, such work may be undertaken only upon the issuance of a written permit by the Director and at the expense of the applicant.

As a condition for the granting of a permit for the removal of a street tree under this section, the applicant shall replace the removed tree with a predetermined sized tree as determined by the Director (replacement tree not to exceed the value of removed tree), replacement either on the same site or in an alternative location as approved by the Director. Before the permit may be issued, the applicant shall deposit adequate security (cash or bond) with the City in an amount to cover the cost of replacing the tree. The City may use the security to defray its cost of replacing the tree if the applicant fails to do so within a reasonable specified period of time. Such decisions may be appealed to the Parks, Recreation and Community Services Commission within twenty (20) days of notification.

1.    Plantings Included in Building/Subdivision Plans. Planting of street trees is to be included in subdivision or building plans at the time of application for a subdivision request or building permit and street improvements.

a.    Conformity with Street Tree Program. All subdivisions and other projects necessitating street improvements shall include planting of official, approved street trees within the adjacent parkways in conformity with the street tree program under the Director’s supervision and planting shall be adequately irrigated to insure tree survival. Exceptions may be made if suitable landscape plans are approved by the Director or Department of Community Development.

b.    Development Planting Requirement. At the time of the Development Review Committee meeting it is required that the planting of street trees be included in all building plans that appear before the Department of Community Development, and all related costs shall be borne by the owner. The species shall be as specified on the master street tree list, and the Director may also designate the number, spacing, and method of planting of such trees and require the installation of root control barriers. Adequate irrigation for parkway trees must be provided by the owner/subdivider. Exceptions may be made if other more suitable landscape plans are approved by the Director of Community Development.

c.    Street Improvement. Any change in public street improvement requiring removal of street trees shall require provision for replacement upon the recommendation of the Director. Such replacement shall be the variety specified on the adopted master street tree list and planted as required by the Director. Cost shall be borne by the initiator of the action.

d.    Street Improvements—Integration of Plans. Proposed change in the direction or width of a public street or proposed Street improvement shall, where feasible, incorporate plans for installation of a parkway or a tree planting area. Plans and specifications for planting such areas shall be integrated into the general plan of improvements and it shall be the duty of the City Engineer to coordinate the design of such improvements with the Director prior to the completion of final overall plans. (Ord. 90-15, 7/10/90; Ord. 05-1 § 2, 1/25/05)

13.76.110 Procedure for Establishing Parkway Tree Influence Area.

The City Council may, following an administrative hearing, establish by resolution a “parkway tree influence area” for an area or areas within fourteen (14) feet and parallel to existing paved surface on a major highway, as designated in the City of Santa Clarita General Plan. Following the hearing, if the Council finds that the parkway tree influence area is necessary to eliminate competition between street tree landscape plans and private development landscape plans, to protect existing trees outside the right of way but within the parkway influence area, to protect the parkway tree influence area on either developed or undeveloped lots, or any similar purpose, the City Council shall adopt, by resolution, the parkway tree influence area. Notice of the hearing shall be sent by mail twenty (20) days prior to such hearing to all property owners upon whose property the proposed parkway tree influence area would lie. The notice shall include the purpose of the hearing and the date and time of the hearing, and shall advise the property owner of his or her right to appear and offer testimony in favor or opposition to the establishment of the parkway tree influence area. In establishing the Parkway Tree Influence Area, the Council grants authority to the Director to conduct all necessary actions, including consideration of permits, pursuant to this Chapter 13.76. Following the designation of the Parkway Tree Influence Area, the private property owner shall remain responsible for the maintenance and care and shall continue to assume all liability for such private property within the Influence Area. (Ord. 91-45, 11/12/91)

13.76.120 Areas Exempt from Parkway Tree Influence Area.

Notwithstanding any provision of this Chapter 13.76, the City Council shall not include the following areas within a Parkway Tree Influence Area:

A.    Any portion of any parcel or lot zoned for residential use. (Ord. 91-45, 11/12/91)