Chapter 12.24
TREES AND OTHER VEGETATION
Sections:
12.24.010 Findings and purpose.
12.24.020 Definitions.
12.24.030 Tree committee.
12.24.040 Master tree plan.
12.24.050 Master street tree list.
12.24.060 Planting, maintenance and removal of city trees.
12.24.070 Responsibility for maintenance of street trees and plants in planting strips.
12.24.080 Hazardous vegetation deemed nuisance.
12.24.090 General provisions.
12.24.100 Pruning and removal permit for public utility.
12.24.110 Designation of heritage trees.
12.24.120 Maintenance, repair and removal of heritage trees in the public right-of-way.
12.24.130 Pruning, maintenance and removal of protected trees.
12.24.140 Damage to protected trees.
12.24.150 Protection of protected trees during and after construction activity.
12.24.160 Review of land use applications by tree committee.
12.24.170 Solar shade control.
12.24.180 Appeal.
12.24.190 Liability.
12.24.200 Enforcement.
12.24.010 Findings and purpose.
A. The city council finds and declares that trees contribute greatly to the health, safety, and general welfare of all of the city’s citizens and that the preservation and proper maintenance of trees is a matter of city-wide concern. The city council further finds and determines that it is necessary to enact regulations prohibiting unnecessary damage, removal, or destruction of trees.
B. The city council recognizes and finds that trees provide great aesthetic benefits, offer windbreaks, provide summer shade, noise abatement, and privacy screening, erosion control, act as filters against airborne pollutants, release oxygen, are wildlife habitats, and prevent landslides through their root systems. All trees perform these functions for the property on which they are growing. Trees of significant size and maturity perform these functions for all persons living in their vicinity. Trees are key elements in a living system the boundaries of which do not conform to the arbitrary property lines of individual lots and parcels and upon which the continued health and welfare of this community depends. In addition, trees in the community and in a neighborhood provide a sense of identity and tradition and enhance property values.
C. The city council further finds and declares that careless treatment and arbitrary removal of trees detracts from scenic beauty, causes erosion, increase risks of landslides, reduces property values, increases construction costs and drainage costs, thereby further reduces the attractiveness of an area.
D. A purpose of the city council in enacting the following regulations is to protect certain trees that are an essential part of the city’s natural heritage, referred to in this chapter as heritage trees and other protected trees, wherever they may be growing in the city, while at the same time, recognizing an individual property owner’s right to utilize his or her land in a way that is otherwise allowed by law. (Ord. 01-6 § 3 (part): prior code § 17.1)
12.24.020 Definitions.
When used in this chapter, the following words and phrases shall apply:
“Alter” means to take an action that could foreseeable diminish the health and vigor of a tree. Alter includes but is not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching in the root zone of a tree. Alter does not include periodic pruning of a tree to preserve or protect its health, growth or appearance, in accordance with accepted arboricultural standards and practices.
Candidate Heritage Tree. The tree committee shall adopt and maintain a list of properties or parcels that contain a tree of a size, species or historical value that makes it eligible for heritage tree status.
“Certified arborist” means a person who has been tested by and is currently certified as an “arborist” by the International Society of Arboriculture.
“Certified tree worker” means a person who has been tested by and is currently certified as “tree worker” by the International Society of Arboriculture.
“City” means and includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
“City tree” means any tree growing on any city-owned property, right-of-way or easement dedicated to the city.
“Committee” means the tree committee established pursuant to this chapter.
“Director” means the director of public works or the director’s designated representative.
“Drip line” means an area of the ground delineated by the vertical projection of the outside periphery of the foliage crown area of a tree down to the ground surface.
“Heritage tree” means any tree or grove of trees within the city boundaries designated by a resolution of the city council and having met the requirements set forth in this chapter.
“Maintain” or “Maintenance” means trimming, pruning, pest management, injecting, fertilizing, cabling, treating for injury and other similar acts which promote the life, growth, health or beauty of trees and other plants, excepting watering only, unless specifically so stated.
“Master street tree list” means the list of trees approved for planting in planting strips and planting easements, as approved by the city council.
“Master tree plan” means the plan designating specific trees and maintenance practices for specific locations in areas of the city, as approved by the city council.
“Planting easement” means an easement held by the city on private property for sidewalks, plantings and/or utilities.
“Planting strip” means the portion of the public right-of-way between the curb, gutter or edge of street surfacing and the property line, but excluding curbs and sidewalks.
“Property owner” means the person listed on the then-current assessor’s roll as the owner of a designated property.
“Protected replacement tree” means any tree that is planted on public or private property as a condition of mitigation for the removal of any existing native or heritage tree(s). The intent of this designation is to insure that trees planted as replacement trees for heritage trees or significant native trees that have to be removed will be protected and preserved so that over the course of time these replacement trees will mature to the size and uniqueness of the trees they replace. Protected replacement trees by definition are subject to all of the conditions and protections as those for heritage trees as set forth in this chapter.
“Protected tree” means heritage tree, protected replacement tree, street tree and city tree.
“Public utility” means every gas, electrical, telephone, telegraph, and water service, waste disposal or recycling corporation where such service is performed for the city and its residents.
“Qualified city employee,” with reference to tree maintenance, means any city park or public work’s employee who satisfies the definition of a qualified tree worker (Section 3.41) of ANSI A300-1995, complies with the standards of ANSI A300-1995 while performing tree maintenance, and is deemed so qualified by the director.
“Root zone” means an area surrounding a tree extending from the trunk of the tree to the natural drip line of the tree.
“Solar collector” means a fixed device or structure, or a part of a device or structure, which is used primarily to transform solar energy into thermal, chemical or electrical energy, and used as part of a system which makes use of solar energy for any or all of the following purposes: (a) water heating; (b) space heating or cooling; and (c) power generation.
“Street” means land which has been dedicated, condemned or legally established by use for a public thoroughfare, whether paved or unpaved in whole or in part, except state highways and freeways. “Street” includes all thoroughfares whether designated by that name or some other, such as avenue, court, way, boulevard or road.
“Street line” means the property line marking the boundary between private property and a city street or right-of-way.
“Street tree” means a tree planted in a planting strip or planting easement. (Ord. 01-6 § 3 (part): prior code § 17.2)
12.24.030 Tree committee.
The tree committee shall consist of five members, plus two alternates. A majority of the members shall be residents of the city. Each member shall be appointed by the mayor with the approval of the city council. The tree committee shall serve as an appeals board to decisions of the director on tree issues, shall perform other functions as defined within this chapter, and shall annually review and update the master tree plan and tree list. In all matters pertaining to trees in the city, the committee shall act in an advisory capacity to the city council, the director, the parks and recreation commission, the planning commission and to the public. The committee shall devise a set of bylaws governing its meetings. The term of office of one member of the committee shall expire on June 30th of the next calendar year following appointment of the committee and the term of each other member of the committee shall expire on June 30th of each subsequent year. Committee member appointments after the first expiration date shall be for three-year terms. (Ord. 02-5 § 15a; Ord. 01-6 § 3 (part): prior code § 17.4)
12.24.040 Master tree plan.
The tree committee, with the assistance of the director, shall prepare and recommend to the council a comprehensive plan of street trees for all streets of the city where planting areas are available and provided for trees. The plan may be reviewed and revised from time to time by the tree committee. In accordance with the plan, the director shall proceed each year to plant or replace trees to the extent that funds are appropriated for that purpose by the city council. (Ord. 01-6 § 3 (part): prior code § 17.5)
12.24.050 Master street tree list.
A. The tree committee, with the assistance of the director, shall determine criteria for selection of street and park trees, and develop and recommend to the city council a list of trees which meet these criteria. When approved by the city council, the list shall be known as the “master street tree list” and shall be made available to the public. The master street tree list shall be reviewed and recommended for revision from time to time by the tree committee. Only trees on the master street tree list may be planted in planting strips and planting easements, except as may be approved according to provisions of this chapter.
B. The tree committee shall also develop and recommend to the city council a list of undesirable trees which shall not be planted anywhere in the city unless the director approves the site as one where the trees’ roots will not interfere with a sewer line or public sidewalk or when measures are taken to protect such sewer lines and sidewalks using commercial barriers or root-control containers. (Ord. 01-6 § 3 (part): prior code § 17.6)
12.24.060 Planting, maintenance and removal of city trees.
A. Supervision. The director shall authorize the planting, maintenance and removal of trees or other plants in any planting strip, planting easement, public way or place in the city.
B. Planting and Maintenance. The selection, planting and maintenance of trees in all planting strips or planting easements within the city shall be in accordance with provisions of this chapter and the master street tree plan.
C. Damaged, Injured or Hazardous Trees. City trees in a condition which, in the opinion of the director, are an immediate threat to life or property shall have such conditions corrected or the tree shall be removed. The director shall make this decision after consultation with a certified arborist if circumstances permit. Except in such emergency circumstances, city trees which are damaged, injured or destroyed shall have conditions corrected or removed upon recommendations of the director and a certified arborist and approval by the tree committee. In all cases the hazardous condition shall be corrected as soon as conditions permit. (Ord. 01-6 § 3 (part): prior code § 17.7)
12.24.070 Responsibility for maintenance of street trees and plants in planting strips.
A. Except for heritage trees as set forth in Section 12.24.120 and as otherwise allowed by the city council, the property owner fronting a planting strip shall have the responsibility to maintain and care for the street trees and other plants in the planting strip in front of his or her property; to water, spray and trim for beauty; to pay the expense of repairs to property owner’s property or to sewer laterals which repairs are necessitated by damage caused by street trees or other plants in planting strips; to trim plants other than trees so as to prevent endangering the security, usefulness or safety of any public street; to repair curb and sidewalk damage caused by trees; and to remove and replace trees in the planting strip if removal is necessary to the public health or safety, including disease control.
B. Notwithstanding subsection A of this section, the city shall have the responsibility to maintain and care for the street trees and other plants in the planting strip along Main Street between Sulphur Creek Bridge and Pine Street; to water, spray and trim such trees for beauty; to trim plants other than trees so as to prevent endangering the security, usefulness or safety of such portion of Main Street; and to remove and replace trees in such planting strip if removal is necessary to the public health or safety, including disease control. The property owner fronting the planting strip along Main Street between Sulphur Creek Bridge and Pine Street shall continue to have the responsibility to pay the expense of repairs to the property owner’s property or to sewer laterals which repairs are necessitated by damage caused by trees or other plants in such planting strip; and to repair curb and sidewalk damage caused by such street trees. The city’s responsibility to trim and maintain tree roots in such planting strip shall arise only when the property owner repairs curbs and/or sidewalk damage caused by the tree roots.
C. All maintenance, removal and replacement of street trees and other plants in planting strips shall be subject to the provisions of this chapter, including Sections 12.24.060 and 12.24.090. (Ord. 01-6 § 3 (part): prior code § 17.8)
12.24.080 Hazardous vegetation deemed nuisance.
Any plant material or part thereof growing upon private property but overhanging or interfering with the use of any public street, easement or right-of-way that in the opinion of the director endangers the life, health, safety or property of the public shall be declared a public nuisance and subject to abatement pursuant to the provisions of Chapters 5.32 and 8.08 of this code. (Ord. 01-6 § 3 (part): prior code § 17.9)
12.24.090 General provisions.
A. No person, other than the director or his or her authorized representative, shall plant or prune any tree within the planting strip or planting easement along any street without first obtaining a written permit to do so from the director. The request for such a permit shall state the type and number of trees, planting and pruning procedures, the location and such other information as may from time to time be required by the director.
B. Any tree work or tree removal within the city right-of-way requires an encroachment permit. Encroachment permit fees for pruning or removal of street trees will be waived.
C. All maintenance, removal and replacement of trees shall be performed in compliance with the requirements of this chapter and any tree standards adopted by the city.
D. No person other than a property owner, the city, or a public utility may do any act for which a permit is required by this chapter except a person whose principal business is tree care, pruning or maintenance, who is an ISA certified arborist, or who in the opinion of the director, is qualified for such business and has obtained a business license to carry on such business in the city.
E. No person shall interfere or cause any person to interfere with any tree related work being done pursuant to this chapter by any employee of the city or any person or firm working under the direction of the city. (Ord. 01-6 § 3 (part): prior code § 17.10)
12.24.100 Pruning and removal permit for public utility.
A. Any public utility subject to the jurisdiction of the State Public Utilities Commission and any duly constituted public agency providing utility service must first obtain a permit from the director, valid for one year from the date of issuance, permitting such public utility to prune or cut, below or above the ground, or brace, remove or perform similar acts on any protected trees or trees growing on private property to the extent that they encroach upon the utilities. Such work is limited to that which may be necessary to comply with the safety regulations of such commission and as may be necessary to maintain the safe operation of its business.
B. Any public utility holding such a permit shall notify the director in writing at least five days prior to commencement of tree work and shall state the type and location of work contemplated. Prior to commencement of work the permit holder shall provide notice to adjacent property owners. All pruning and removals shall be performed in accordance with the American National Standard for Tree Care Operations, Section 5.7. (Ord. 01-6 § 3 (part): prior code § 17.11)
12.24.110 Designation of heritage trees.
A. Candidate trees for designation as heritage trees shall be nominated by citizens of the community or the tree committee. Upon nomination, and with the written permission of the owner of the candidate tree, a candidate tree shall be submitted for review by the director of public works and the tree committee. Upon recommendation of the tree committee and resolution by the city council, after the holding of a noticed public hearing, a tree may be designated a heritage tree if it meets at least one of the following criteria:
1. Historical significance;
2. Over thirty (30) inches in diameter measured four and one-half feet above the ground;
3. Unique or rare horticultural specimen;
4. Uniqueness of size or age;
5. Aesthetic value due to symmetry, form, color, other qualities;
6. An outstanding specimen of a desirable species, especially native oak specie;
7. Significance for habitat preservation, including where tree is one of a group of trees each dependant on the other for survival.
B. The director of public works shall cause each tree designated a heritage tree to be identified by placing a tag as may be specified by the director on the tree approximately six feet above the ground, or in another manner as may be specified by the director. The director shall also keep a list of the heritage trees in the city by number and approximate location. No person shall remove the identification without written permission from the director.
C. Upon designation, the city shall cause a notice of heritage tree status to be recorded with the Napa County recorder.
D. The owner of a heritage tree shall receive a resolution of appreciation from the city and may be eligible for free consultation and advice from a certified arborist for the heritage tree.
E. Heritage tree designation can be removed upon approval of the city council for good cause shown after a noticed public hearing. The tree committee shall make a recommendation to the city council regarding removal of the heritage tree designation.(Ord. 01-6 § 3 (part): prior code § 17.12)
12.24.120 Maintenance, repair and removal of heritage trees in the public right-of-way.
A. The city shall be responsible for maintaining heritage trees in the public right-of-way and the costs associated with such maintenance. Maintenance shall include but not be limited to: watering; pruning for tree health, structure, from and for public safety; spraying for pathogens and insects; fertilizing; and managing the root zone for health and vigor.
B. The city shall be responsible for repairing curb and sidewalk damage within the public right-of-way caused by heritage trees in the public right-of-way. The city shall also be responsible for removing and replacing heritage trees in the public right-of-way when necessary for public health and safety, including disease control.
C. Property owners shall be responsible for damage to their properties or to water and sewer lines caused by heritage trees in the public right-of-way consistent with city utility maintenance policies.
D. All maintenance and replacement of heritage trees in the public right-of-way shall be performed in compliance with the other requirements of this chapter. (Ord. 01-6 § 3 (part): prior code § 17.13)
12.24.130 Pruning, maintenance and removal of protected trees.
A. No person shall cut or prune, below or above ground, brace, move, remove, cause to cut, alter, or perform such other acts with respect to any protected tree without first obtaining a written permit to do so from the director. The application shall state the number and identify the location of each protected tree for which a permit is sought, and shall contain other pertinent information as the director may require. The application may also include documentation of any type, including written recommendations from a certified arborist concerning the health, quality and desirability of alternatives to the tree or trees in question. The necessity for the requested action shall be demonstrated to the director by the applicant.
B. Upon receipt of the application, the director shall make a recommendation to the tree committee as to the acceptability of the requested action based on the following findings:
1. The overall condition of the tree, including any diseases and pests that may be attacking it; the tree’s age with respect to its projected life span; the area the tree would hit if it, or any substantial part of it, were to fall; its symmetry and aesthetics; its proximity to existing structures; and any interference it has caused with underground or overhead utility lines;
2. The topography of land and the effect the tree alteration or removal may have on possible erosion or soil retention problems or on increasing the flow or the diversion of surface waters;
3. The number, species, size, and location of the other existing trees in the area and the effect the requested action will have on shade area, air pollution, historic values, scenic beauty, and the general welfare of the city;
4. Whether the request is supported by good urban forestry practices and standards such as, but not limited to, the number of healthy trees that a given parcel of land will support.
C. The findings of the director will be presented to the tree committee for its review and approval. If the director recommends and the tree committee approves the application, the director shall issue a permit, subject to such conditions that the director and the tree committee deem appropriate, which may include the planting of replacement trees or protected replacement trees.
D. All cutting or pruning, below or above the ground, bracing, or alteration of a protected tree shall be done only by a qualified city employee, certified tree worker, certified arborist, or with a certified arborist in attendance and supervising the entire process, except as otherwise allowed by the permit.
E. A permit granted under the provisions of this section shall be valid for a period of sixty (60) days from the date of issuance unless a longer period is stated on the permit.
F. Notwithstanding subsection A of this section, a qualified city employee may prune or cut, below or above the ground, or brace a city tree that is not a heritage tree under the direction of the director and without first obtaining a written permit to do so from the tree committee.
G. Notwithstanding the findings required in subsection B of this section, the city council may approve the removal of protected trees for good cause. (Ord. 01-6 § 3 (part): prior code § 17.14)
12.24.140 Damage to protected trees.
A. Except as permitted in this chapter, no person shall break, injure, deface, mutilate, kill, remove or destroy any protected tree; or knowingly cause or permit any wire charged with electricity to come into contact with any protected tree; or place, apply, attach or keep attached to any such tree a guard or stake intended for the protection thereof, any wire, rope, sign, paint or other substance, structure, thing or device of any kind or nature whatsoever; or place or maintain any stone, cement or other substance so that it shall impede the free access of water or air to the roots of any protected tree.
B. Any party determined to have caused damage to any protected tree as described in subsection A of this section shall be liable for the cost of repair or replacement of the tree. Costs shall be based on Napa County landscape industry costs and on tree valuation standards set by the International Society of Arboriculture. Such moneys shall be paid to the city and shall be used to repair or replace the damaged tree. (Ord. 01-6 § 3 (part): prior code § 17.15)
12.24.150 Protection of protected trees during and after construction activity.
A. During any construction activity within the drip line of a protected tree, inside or outside the public right-of-way, no person shall, without permission from the director of public works, do the following:
1. Change the amount of irrigation provided to any protected tree from that which was provided prior to the commencement of construction activity;
2. Trench, grade or pave into the root zone of a protected tree;
3. Change, by more than two feet, grade elevations within an area from the drip line of a protected tree outward to thirty (30) feet in distance;
4. Park or operate any motor vehicle within the drip line area of any protected tree except in designated parking areas;
5. Place or store any equipment or construction materials within the drip line area of any protected tree except in designated parking areas;
6. Attach any signs, ropes, cables or any other items to any protected tree;
7. Cut or trim any branch of a protected tree for temporary construction purposes;
8. Place or allow to flow into or over the root zone area of any protected tree any oil, fuel, concrete mix or other deleterious substance.
B. Where written permission of the director is sought under this section, the director may grant such permission with such reasonable conditions as may be necessary to effectuate the intent and purpose of this chapter.
C. A protected tree shall be protected after construction activity in accordance with conditions imposed by the city and/or specifications adopted by the tree committee. (Ord. 01-6 § 3 (part): prior code § 17.16)
12.24.160 Review of land use applications by tree committee.
A. The planning director shall refer all subdivision and parcel map applications to the tree committee for review and recommendation. All subdivision and parcel map applications shall include a map identifying all trees over six inches in diameter, measured four feet and six inches above the soil line or natural grade, upon the property proposed for division. All such trees shall be shown by size and species.
B. The planning director shall refer all other discretionary planning project applications to the tree committee for review and recommendation if such applications pertain to property that has been identified as having a heritage tree or candidate heritage tree. Discretionary projects shall include, but not be limited to, design review, use permits, variances, and sign permits. Such applications shall include a site plan identifying the location of the heritage tree or candidate heritage tree.
C. The tree committee may request the public works designated staff member to review planning project referrals as needed.
D. Within ten (10) days of the receipt of the planning project referral, the tree committee shall notify the planning director if further review of the project is warranted or if additional information is needed for adequate review of the project. Such information may include, but is not limited to, the submittal of an arborist’s report noting the health of the tree, or the on-site identification of trees that are proposed for removal.
E. Within thirty (30) days of the receipt of the planning project referral or of the complete information requested for review of the referral, whichever is later, the tree committee shall forward recommendations to the planning director for consideration by the planning commission in its review of the project. Recommendations may include a requirement to prohibit the removal of trees, to redesign a project to lessen the impact upon trees, to plant additional trees to mitigate for tree removal, or to maintain the tree in accordance with conditions imposed.
F. When applicable, the tree committee shall determine the type of tree that shall be planted in planting strips along the street frontage. Property owners shall be responsible for the planting and maintenance of the trees in the planting strips.
G. The director shall be notified of any applications for curb, gutter, sidewalk, street light or driveway installations or other proposed improvements which might require the removal of protected trees, cause injury to any protected tree or interfere with the fulfillment of protected tree plantings. (Ord. 01-6 § 3 (part): prior code § 17.17)
12.24.170 Solar shade control.
A. No person owning or in control of a property shall allow a tree or shrub to be placed, or, if placed, to grow on such property, subsequent to the installation of a solar collector on the property of another so as to impede reasonable use of the “collect or absorption area” as defined in Section 801.5 of the California Civil Code. For the purpose of this chapter, the location of a solar collector is required to comply with the local building and setback regulations.
B. Nothing in this section shall apply to the replacement of a tree or shrub which has been growing prior to the installation of a solar collector and which, subsequent to the installation of such solar collectors, dies. (Ord. 01-6 § 3 (part): prior code § 17.18)
12.24.180 Appeal.
Any person shall have the right to appeal an action of the tree committee to the city council. The appeal shall be filed with the city clerk within ten (10) days after notice of the action or decision being appealed. Prior to scheduling the appeal for the city council the city clerk shall forward the appeal to the tree committee for comment and recommendation to the council. A decision of the city council shall be final. (Ord. 01-6 § 3 (part): prior code § 17.19)
12.24.190 Liability.
Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers, employees or members of the tree committee nor to relieve the owner of any private property from the duty to keep any tree upon his or her property or under his or her control in such a condition as to prevent it from constituting a public nuisance as defined in Section 12.24.080 of this chapter. (Ord. 01-6 § 3 (part): prior code § 17.20)
12.24.200 Enforcement.
A. The director shall be charged with the enforcement of this chapter.
B. The director shall give ten (10) days written notice to comply to any property owner who is violating the provisions of this chapter or rules, regulations and requirements adopted pursuant hereto. Upon failure of the property owner to comply, the director may cause compliance by having city employees or contractors perform the necessary work, may assess the cost thereof to the property owner, and impose a lien on the property for the cost thereof plus a fifteen percent (15%) administrative charge.
C. Every person who violates this chapter is guilty of a “public nuisance” as defined in Sections 370 and 371 of the Penal Code and in Section 34808 of the Civil Code. For the purposes of this chapter, a violation is deemed an infraction, punishable by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) plus the value of the tree. A second and any subsequent violation of this section within a twelve month period shall be punishable as a misdemeanor with a fine of not more than five hundred dollars ($500.00) plus the value of the tree, or imprisonment not to exceed six months, or both such fine and imprisonment.
D. The remedies herein are not exclusive. The city may avail itself of any other remedies available in equity or at law. (Ord. 02-5 § 16; Ord. 01-6 § 3 (part): prior code § 17.21)