CHAPTER 34
TREES*
Sections:
34.2 Maintenance of trees on private property.
34.3 Maintenance of trees on public property.
34.4 Tree trimming permit requirements.
34.5 Tree removal permit requirements—Not associated with development.
34.6 Tree removal permit requirements—Associated with development.
34.7 Tree removal permit replacement tree requirements.
34.8 Emergency trimming of protected trees.
34.13 Administrative regulations.
* Prior legislation: Ords. 1991, 2051, 2126, 2188, 2191, 2237, 2328 and 2398.
* For state law as to “Tree Planting Act of 1931,” see Sts. & H C.A., §§ 22000 to 22202. As to “Park and Playground Act of 1909,” see Gov. C.A., §§ 38000 to 38213.
As to hitching animals to trees, see § 5.12 of this Code. As to collection of brush, tree, etc., trimmings and stumps, see § 16.14. As to removal of trees from parks, see § 21.7.
34.0 Purpose.
The city of South Pasadena is forested with a variety of trees that contribute to the long-term health, welfare and quality of life of the residents of the city. It is the intent of this chapter to establish conditions and regulations for the protection, removal and replacement of existing trees and the installation of new trees to further the reasonable enjoyment of private property. Further, it is recognized that trees are an asset to the community and residents are attracted to the urban forest of the city. Trees provide a variety of benefits to the community including enhancing the city’s beauty and character, preserving the historical significance of trees to our city, furthering the creation of natural gathering spaces, reduction of noise pollution, enhancement of neighborhood character and aiding in the establishment and maintenance of tree cover on private and public lands in the city. This is balanced with ensuring that trees are maintained in a healthy and nonhazardous condition. (Ord. 2409, § 1, 2025.)
34.1 Definitions.
As used in this chapter, the following words and phrases shall have the meaning set forth below:
(a) “Administrative regulations” means the administrative procedures, regulations and guidelines adopted by the city manager or his designee pursuant to SPMC 34.13.
(b) “Approved replacement tree list” means a list of species of trees that are approved as replacement trees as required by this chapter. Such list shall be maintained by the director in consultation with a certified arborist. The public works department shall maintain and periodically review the approved replacement tree list and may add to, delete from, or otherwise modify the list without further action by the city council.
(c) “Certified arborist” means a professional in the tree care industry who has received their arborist certification through the International Society of Arboriculture.
(d) “City arborist” means a certified arborist designated by the director as the “city arborist”; provided, that the city arborist must be independent from any landscape service provider under contract with the city for the general maintenance of the city’s parks and green spaces and trimming of the city’s trees.
(e) “Code” means the South Pasadena Municipal Code.
(f) “Commission” means the city of South Pasadena natural resources and environmental commission or a successor body to the duties and responsibilities of such commission.
(g) “Damage” means, as a verb, any act which causes injury or disfigurement to a tree, including death of a tree, and as a noun, injury or disfigurement of a tree, including death of a tree.
(h) “DBH (diameter at breast height)” means the diameter of a tree measured four and one-half feet above natural grade. For any tree with multiple trunks, the DBH shall be the sum of the diameter of each trunk measured four and one-half feet above natural grade.
(i) “Deadwood” means limbs, branches or a portion of a tree void of green leaves during a time of the year when green leaves should be present on a healthy tree of that type.
(j) “Developer” shall have the meaning set forth in SPMC 36.700.020.
(k) “Development” means any construction, installation, reconstruction, demolition, or moving of a building or structure on property located in the city. Development also includes the grading, excavation or compaction of soil and flatwork.
(l) “Director” means the city’s public works director or his or her designee.
(m) “Drip line” means an imaginary line defined by the branch spread of a single tree or group of trees.
(n) “Emergency” means a situation where action must be taken to trim a protected tree pursuant to SPMC 34.8 because the protected tree is an immediate threat to life, property or public safety.
(o) “Heritage tree” means a tree of historical value, which has been designated by the city as a South Pasadena historical landmark and includes any tree designated by resolution of the city council to be of special community value as an aesthetic, ecological or historical resource.
(p) “Intentional violation” means a violation of this chapter (Trees) that is committed by any person who has actual or presumed knowledge of, or who has previously violated, its provisions. A person, including a commercial certified arborist/tree trimmer, a general contractor, or anyone who has previously filed an application for a tree trimming permit or a tree removal permit in the city shall be presumed to know the provisions of this chapter.
(q) “ISA” means the International Society of Arboriculture.
(r) “Oak tree” means species of tree of the genus Quercus.
(s) “Person” means any individual, partnership, corporation, association, trustee, receiver or other entity. A person also includes a developer.
(t) “Planning review authority” means the city employee or body (director of community development, cultural heritage commission, planning commission or city council) identified by the city zoning code as having responsibility and authority to review and approve or disapprove development permit applications described in Chapter 36 SPMC Article 6 (Zoning Code Administration).
(u) “Protected tree” means those species of trees designated by the city as “protected trees” in a resolution adopted by the city council and the following trees whether or not so designated by the city council and that have a DBH of four inches or more:
(1) Oak trees, including coast live oak, holly oak, southern live oak, scrub oak, canyon live oak, Engelmann oak, California black oak, interior live oak.
(2) California bay laurel.
(3) Desert willow.
(4) Catalina ironwood.
(5) Sycamore trees, including California sycamore.
(6) Toyon.
(7) Southern California black walnut.
(8) Hollyleaf cherry.
(9) Heritage trees.
(10) Any tree designated by the public works department as an additional protected tree, which shall be maintained as a separate list of protected trees and periodically reviewed by the public works department. The public works department may add to, delete from or otherwise modify their list of protected trees in consultation with a certified arborist without further action by the city council.
(v) “Protection” means the safeguarding of trees through proper treatment.
(w) “Public works department” means the department of the city that oversees all public works issues in the city.
(x) “Radius list” shall have the same meaning as set forth in SPMC 34.6(b)(5).
(y) “Removed” or “removal” means uprooting, cutting or severing of the main trunk(s) of a tree.
(z) “Restricted trees” are trees or species of trees which have been designated by the public works department as trees that cannot be planted on any public or private property in the city. The public works department shall maintain and periodically review the restricted tree list and may add to, delete from, or otherwise modify the list in consultation with a certified arborist without further action by the city council.
(aa) “Restricted trees in a fire hazard severity zone(s)” are all restricted trees and other trees designated by the public works department as trees that cannot be planted in a very high fire hazard severity zone or high fire hazard severity zone. The public works department shall maintain and periodically review the restricted trees in fire hazard severity zones list and may add to, delete from, or otherwise modify the list in consultation with a certified arborist without further action by the city council.
(bb) “Significant tree” means any tree with a DBH of 12 inches or greater.
(cc) “Sycamore tree” means species of tree of the genus Platanus.
(dd) “Standard of care” means compliance with American National Standards Institute (“ANSI”) current standards for tree care, irrigation, maintenance, pruning and trimming.
(ee) “Tree” means a woody perennial usually having one or several main stems.
(ff) “Tree removal permit” means a permit issued by the city for the removal of a protected tree, a significant tree, a restricted tree or a restricted tree in a fire hazard severity zone pursuant to SPMC 34.5 or 34.6.
(gg) “Tree trimming permit” means a permit issued by the city for the trimming of a protected tree pursuant to SPMC 34.4.
(hh) “Trim” or “trimming” means cutting into the live wood of a tree to remove limbs, branches and/or foliage or otherwise removing a tree’s limbs, branches and/or foliage in a way that will not foreseeably cause the tree’s death or permanent damage to its health. Trimming may include pruning and removal of deadwood. (Ord. 2409, § 1, 2025.)
34.2 Maintenance of trees on private property.
Private property owners or tenants shall be responsible for the maintenance of trees on their owned or leased property in accordance with the standard of care. As applicable, property owners or tenants shall also comply with the city’s water efficient landscape provisions set forth in Article III of Chapter 35 SPMC, as it pertains to the maintenance of trees. (Ord. 2409, § 1, 2025.)
34.3 Maintenance of trees on public property.
(a) The public works department shall be responsible for the maintenance of all trees on public property including but not limited to public rights-of-way and public parks. The public works department shall prepare and implement an annual work plan for the maintenance and/or removal of trees on public property. Owners or tenants of real property adjacent to a public right-of-way may request trimming or removal of a tree or trees located in such right-of-way. The city may adopt regulations pursuant to SPMC 34.13 addressing such requests, including the determination of the cost sharing for the trimming and/or removal.
(b) As set forth in SPMC 31.48, the property owner or tenant shall be responsible for irrigation of trees in any public right-of-way adjacent to their owned or leased property. (Ord. 2409, § 1, 2025.)
34.4 Tree trimming permit requirements.
(a) Tree Trimming Permit Required. A tree trimming permit shall be required for the trimming of more than 10 percent of any live foliage, limbs or branches of a protected tree.
(b) Tree Trimming Standards. Any person trimming a protected tree shall comply with the standard of care in addition to the following:
(1) Trimming of protected trees shall conform to the ANSI A300 pruning standards and the ISA best management practices.
(2) Trimming of a protected tree that is an oak tree shall only be permitted between June 1st and September 30th of each year. Tree trimming permit applications requested outside of that time may be approved by the director if necessary to address hazardous or emergency conditions as determined by the city arborist.
(c) Tree Trimming Permit Application. An application for a tree trimming permit shall be filed with the director in a form provided by the city with the nonrefundable application fee in an amount established by city council resolution. The application shall contain the following information:
(1) The name and residence or business address of the applicant;
(2) The location and description of the property on which the protected tree(s) are located;
(3) A description of the proposed trimming of the protected tree(s), and the reasons therefor. Photographs may be attached as exhibits to the application, if requested;
(4) The name and California contractor’s license number of the person who will perform the trimming. Tree trimming permits shall only be issued to persons possessing a C-27, C-49 or C-61/D-49 California contracting license and a valid city business license. The city manager is authorized to update the licensing requirements through the adoption of regulations pursuant to SPMC 34.13;
(5) Any additional information or documentation as the director may require.
(d) Tree Trimming Application Review. The city arborist shall evaluate each application for a tree trimming permit considering the criteria set forth in subsection (e) of this section and shall provide a recommendation for approval or denial and the reasons therefor to the director. The director shall evaluate such application along with the recommendation from the city arborist and, after considering the criteria set forth in subsection (e) of this section, the director shall either approve or deny the application. If an application for a tree trimming permit is denied, the director shall notify the applicant in writing within 10 business days of the date of decision. The written denial notification shall set forth the reasons for the denial and time in which to file an appeal.
(e) Tree Trimming Permit Review Criteria. The director may approve an application for a tree trimming permit if the director determines that one of the following conditions is met:
(1) Trimming is necessary to maintain the health of the protected tree, which may include structural pruning to reduce tree failure, crown cleaning, thinning or reduction to maintain the health and safety of the protected tree or other routine trimming that is essential to the protected tree’s health.
(2) The live foliage, limbs or branches of the protected tree pose a risk of injury or harm to persons or property.
(3) The live foliage, limbs or branches of the protected tree are interfering with or damaging the structural integrity or use of an existing improvement or existing structure on the property.
(4) A written determination has been made by the city arborist, after a visual inspection, that the live foliage, limbs or branches of the protected tree are diseased, or otherwise pose a threat to the health of adjacent trees.
(5) A property owner provides documented evidence, such as a letter of cancellation or denial of insurance coverage, that the protected tree in its current condition prevents renewal or issuance of homeowners’ insurance.
(6) A written determination has been issued by the city fire chief, or his or her designee, that removal of live foliage, limbs or branches of the protected tree is necessary to achieve or maintain the defensible space clearance required under California law or the provisions of this code.
(f) Appeal—Director’s Decision to Deny the Permit.
(1) Filing the Appeal. Only the applicant may appeal to the commission the decision of the director denying a tree trimming permit for a protected tree. The applicant shall file a written notice of appeal in a form provided by the city with the public works department no later than 15 days after the date of the notice of denial of the tree trimming permit. The written notice of appeal shall be accompanied by: (A) a nonrefundable appeal fee in the amount established by resolution of the city council; (B) the applicant’s written certified arborist report with respect to the application; and (C) a statement containing the basis for and written documentation, if any, in support of the appeal.
(2) Scheduling of Hearing. The public works department shall set the time and date for the commission’s hearing of the appeal, which date shall be within 60 days from the date the completed appeal was received by the public works department. Notice of the time and place of the hearing will be sent to the applicant. Failure to receive the notice of the hearing shall not invalidate the proceedings under this section.
(3) Determination. Upon consideration of the reports, evidence and testimony presented at the appeal hearing, the commission may affirm or reverse the decision of the director denying the tree trimming permit for the protected tree based on the criteria set forth in subsection (e) of this section. Notice of the commission’s decision shall be mailed to the applicant within 10 business days of the date of decision. The written notification shall set forth the reasons for the decision and the time in which to file an appeal of the commission’s decision to the city council.
(g) Appeal—Decision of the Commission.
(1) Filing the Appeal. Only the applicant may appeal the decision of the commission to the city council. The applicant shall file a written notice of appeal in a form provided by the city with the city clerk no later than 15 days after the date of the notice of denial of the tree trimming permit. The written notice of appeal shall be accompanied by: (A) a nonrefundable appeal fee in the amount established by resolution of the city council; (B) the applicant’s written certified arborist report with respect to the application; and (C) a statement containing the basis for and written documentation, if any, in support of the appeal.
(2) Scheduling of Hearing. The city clerk shall set the time and date for the appeal to be heard by the city council, which date shall be within 30 days from the date the written notice of appeal was received by the city. Notice of the time and place of the hearing will be sent to the applicant. Failure to receive the notice of the hearing shall not invalidate the proceedings under this section.
(3) Determination. Upon consideration of the reports, evidence and testimony presented at the appeal hearing, the city council may affirm or reverse the decision of the commission based on the criteria set forth in subsection (e) of this section. Notice of the decision of the city council shall be mailed to the applicant within 10 business days of the date of decision. The written notification shall set forth the reasons for the decision. The decision of the city council shall be final.
(h) Expiration of Permit. A tree trimming permit issued under this section is valid for one year from the date of issuance. (Ord. 2409, § 1, 2025.)
34.5 Tree removal permit requirements—Not associated with development.
(a) Tree Removal Permit Required. A tree removal permit issued by the city shall be required to remove any:
(1) Protected tree;
(2) Significant tree; or
(3) Restricted tree with a DBH of 12 inches or more or restricted tree in a fire hazard severity zone with a DBH of 12 inches or more; provided, that the requirements to remove any tree associated with development shall be governed by the provisions of SPMC 34.6.
(b) Tree Removal Permit Application. An application for a tree removal permit not associated with development shall be filed with the director in a form provided by the city with the nonrefundable application fee in an amount established by city council resolution. The application shall contain the following information:
(1) The name and residence or business address of the applicant;
(2) The location or description of the property on which the proposed protected tree(s), significant tree(s), restricted tree(s) or restricted tree(s) in a fire hazard severity zone are to be removed;
(3) A description of the proposed removal of the protected tree(s), significant tree(s), restricted tree(s) or restricted tree(s) in a fire hazard severity zone and the reasons therefor. Photographs may be attached as exhibits to the application, if requested;
(4) The name and California contractor’s license number of the person who will perform the removal. Tree removal permits shall only be issued to persons possessing a C-27, C-49 or C-61/D-49 California contracting license and valid city business license. The city manager is authorized to update the licensing requirements through the adoption of regulations pursuant to SPMC 34.13;
(5) Any additional information or documentation as the director may require.
(c) Tree Removal Application Review. The city arborist shall evaluate each application for a tree removal permit not associated with development considering the criteria set forth in subsection (d) of this section and shall provide a recommendation for approval or denial and the reasons therefor to the director. The director shall evaluate such application along with the recommendation from the city arborist, and after considering the criteria set forth in subsection (e) of this section, the director shall either approve or deny the application. If an application for a tree removal permit is denied, the director shall notify the applicant in writing within 10 business days of the date of decision. The written denial notification shall set forth the reasons for the denial and time in which to file an appeal.
(d) Tree Removal Permit Review Criteria. The director may approve an application for a tree removal permit not associated with development if the director determines that one of the following conditions is met:
(1) The city arborist, after a visual inspection, makes a written determination that the protected tree or significant tree is: (A) dead, dying, or diseased, (B) poses a risk of or threat to persons or property, or (C) poses a risk of or threat to the health of adjacent trees.
(2) The protected tree or significant tree is interfering with or damaging the structural integrity or use of an existing improvement or existing structure on the property.
(3) A property owner provides documented evidence, such as a letter of cancellation or denial of insurance coverage, that the protected tree or significant tree in its current condition prevents renewal or issuance of homeowners’ insurance.
(4) A written determination has been issued by the city fire chief, or his or her designee, that removal of the protected tree, significant tree, restricted tree or restricted tree in a fire hazard severity zone is necessary to achieve or maintain the defensible space clearance required under California law or provisions of this code.
(5) The proposed removal is of a restricted tree(s) in a fire hazard severity zone(s).
(6) The proposed removal is of a restricted tree.
Applicants shall be required to provide replacement trees for trees that are removed in compliance with and subject to the provisions of SPMC 34.7.
(e) Appeal—Director’s Decision to Deny the Permit.
(1) Filing the Appeal. Only the applicant may appeal to the commission the decision of the director denying the tree removal permit not associated with development. The applicant shall file a written notice of appeal in the form provided by the city with the public works department no later than 15 days after the date of the notice of denial of the tree removal permit not associated with development. The written notice of appeal shall be accompanied by: (A) a nonrefundable appeal fee in the amount established by resolution of the city council; (B) the applicant’s written certified arborist report with respect to the application; and (C) a statement containing the basis for and written documentation, if any, in support of the appeal.
(2) Scheduling of Hearing. The public works department shall set the time and date for the commission’s hearing of the appeal, which date shall be within 60 days from receipt of the notice of appeal. Notice of the time and place of the hearing will be sent to the applicant. Failure to receive the notice of the hearing shall not invalidate the proceedings under this section.
(3) Determination. Upon consideration of the reports, evidence and testimony presented at the appeal hearing, the commission may affirm or reverse the decision of the director denying the tree removal permit not associated with development based on the criteria set forth in subsection (d) of this section. Notice of the commission’s decision shall be mailed to the applicant within 10 business days of the date of decision. The written notification shall set forth the reasons for the decision and the time in which to file an appeal to the city council.
(f) Appeal—Decision of the Commission.
(1) Filing and Appeal. Only the applicant may appeal the decision of the commission to the city council. The applicant shall file a written notice of appeal in a form provided by the city with the city clerk no later than 15 days after the date of the commission decision of the tree removal permit not associated with development. The written notice of appeal shall be accompanied by: (A) a nonrefundable appeal fee in the amount established by resolution of the city council; (B) the applicant’s and/or appellant’s written certified arborist report, as applicable, with respect to the application; and (C) a statement containing the basis for and written documentation, if any, in support of the appeal.
(2) Scheduling of Hearing. The city clerk shall set the time and date for the appeal to be heard by the city council, which date shall be within 30 days from the date the completed written notice of appeal was received by the city. Notice of the time and place of the hearing will be sent to the applicant. Failure to receive the notice of the hearing shall not invalidate the proceedings under this section.
(3) Determination. Upon consideration of the reports, evidence and testimony presented at the appeal hearing, the city council may affirm or reverse the decision of the commission based on the criteria set forth in subsection (d) of this section. Notice of the decision of the city council shall be mailed to the applicant within 10 business days of the date of such decision. The decision of the city council shall be final.
(g) Certain Tree Removals Deemed Final. If a tree removal permit not associated with development is granted for the removal of a protected tree or significant tree by the commission following an appeal of the director’s denial on the basis of the criteria set forth in subsection (d)(1)(B) of this section, the decision of the commission is considered final and is not appealable to the city council.
(h) Conditions if Approved. The approval of a tree removal permit not associated with development is conditioned upon:
(1) The payment of all fees associated with the tree removal as established by city council resolution; and
(2) The payment of the deposit for the required replacement trees for each tree removed in compliance with SPMC 34.7, in an amount sufficient to cover the cost of all required replacement trees, as determined by the city arborist or as set forth in regulations adopted pursuant to SPMC 34.13.
Upon the satisfaction of such conditions, the public works department shall issue the tree removal permit.
(i) Expiration of Permit. A tree removal permit issued under this section is valid for one year from the date of issuance. All replacement trees shall be planted prior to the expiration of the tree removal permit.
(j) Inspection of Removal. When the removal work designated in the tree removal permit is completed, the applicant shall contact the public works department for an inspection of the removal. Any protected tree, significant tree, restricted tree or restricted tree in a fire hazard severity zone that is removed will require complete removal and grinding of the stump and backfilling of the hole. (Ord. 2409, § 1, 2025.)
34.6 Tree removal permit requirements—Associated with development.
(a) Tree Removal Permit Required. Any person that intends to commence, will commence or has commenced any development on their property which requires the removal of a protected tree or a significant tree, shall obtain a tree removal permit from the city in conjunction with the development application before the protected tree(s) or significant tree(s) can be removed.
(b) Tree Removal Permit Application. An application for a tree removal permit associated with development shall be filed with the director in a form provided by the city with the nonrefundable application fee in an amount established by city council resolution. The application shall contain the following information:
(1) The information set forth in SPMC 34.5(b);
(2) A written arborist report related to the application prepared by a certified arborist retained by the applicant;
(3) A narrative of the development project;
(4) A tree removal and replacement plan that complies with the provisions of SPMC 34.7;
(5) A list of the names and addresses of property owners and occupants of properties located within a 100-foot radius of the subject property and a corresponding radius map containing the addresses of all properties located within a 100-foot radius of the subject property (“radius list”); and
(6) Any additional information or documentation as the director may require.
(c) Tree Removal Permit Review Criteria. The director or commission may recommend, and the planning review authority may approve, a tree removal permit associated with development if the director, commission or planning review authority, whichever is applicable, determines that one of the following conditions is met:
(1) The protected tree(s) or significant tree(s) is or are so close in proximity to the proposed development that construction would result in the death of the protected tree(s) or significant tree(s) and there is no financially feasible design alternative that would permit preservation of the protected tree(s) or significant tree(s).
(2) The existing location of the protected tree(s) or significant tree(s) precludes the development from being constructed such that the protected tree(s) or significant tree(s) are within the building footprint.
(3) Retention of one or more protected trees or significant trees would result in reduction of the otherwise permissible buildable area of the property by more than 10 percent, and there is no financially feasible design alternative that would allow for preservation of the protected tree(s) or significant tree(s).
(4) Considering the size, shape, topography of the property and the existing protected trees or significant trees on such property, the denial of the tree removal permit would create an unreasonable hardship or a significant undue impairment of the use and enjoyment of the property.
(d) Tree Removal Permit Application Review and Recommendation. The city arborist shall evaluate each application for a tree removal permit associated with development considering the criteria set forth in SPMC 34.6(c) and shall provide a recommendation for approval or denial and the reasons therefor to the director. The director shall evaluate such application along with the recommendation from the city arborist, and after considering the criteria set forth in subsection (c) of this section, the director shall provide a recommendation to the planning review authority to approve or deny the tree removal permit associated with development. The director may include reasonable conditions related to the removal of the protected tree or significant tree. The director’s recommendation is advisory to the planning review authority’s decision on the tree removal permit associated with the development.
(1) Denial Recommendation. If an application for a tree removal permit associated with development is recommended for denial, the director shall notify the applicant in writing within 10 business days of the date of decision. The written notification shall set forth the reasons for the director’s recommendation to deny the tree removal permit associated with development. The director shall also provide the planning review authority with its recommendation to deny such tree removal permit.
(2) Approval Recommendation. If an application for a tree removal permit associated with development is recommended for approval, within five business days of such recommendation the director shall mail a notice to property owners and occupants on the radius list. The notice shall state that the property owners and occupants on the radius list shall have 15 calendar days from the date of mailing to comment on the application and the director’s recommendation to approve the tree removal permit associated with development (“comment period”). All comments shall be made in writing and submitted to the director. Upon the completion of the comment period, the director shall provide its recommendation on the application for such tree removal permit and the comments, if any, to the planning review authority.
The director has discretion to waive the mailing of the comment period notices, if a notice associated with the development is being sent by the planning review authority and such notice specifically identifies the removal of protected trees or significant trees as described in the application submitted by the applicant. In such case, the director shall provide only its recommendation for approval or denial and the reasons therefor to the planning review authority.
(3) Tree Removal Permit Review Referred to Commission. The director has discretion to refer its review of each application for a tree removal permit associated with development to the commission at any time during the application process. In such case, the commission shall provide the planning review authority with its recommendation in lieu of the director following the process set forth in this section. The commission may include reasonable conditions related to the removal of the protected tree or significant tree. The commission’s recommendation shall be advisory to the planning review authority’s decision on the tree removal permit associated with the development.
(e) Decision by Planning Review Authority. In conjunction with the decision on the development, the planning review authority shall either approve or deny the tree removal permit associated with development application considering the criteria set forth in subsection (c) of this section and the recommendation of the director or the commission as applicable, in conjunction with the planning review authority’s decision on the development.
(f) Appeal—Planning Review Authority’s Decision. An applicant or other appellant, as applicable, may appeal the planning review authority’s decision pursuant to the appeal process set forth in the zoning code.
(g) Conditions if Approved. The approval of a tree removal permit associated with development is conditioned upon the applicant receiving their building permit for the development, payment of all fees associated with the removal as established by city council resolution, and payment of the deposit for the required replacement trees required in connection with the tree removal(s) pursuant to the provisions of SPMC 34.7, in an amount sufficient to cover the cost of all such required replacement trees, as determined by the city arborist. Upon the satisfaction of such conditions, the public works department shall issue the tree removal permit associated with development.
(h) Expiration of Permit. A tree removal permit associated with development is valid until the date when the last and final inspection on the development occurs. All replacement trees required in connection with the removal of any tree or trees shall be planted prior to the expiration of the permit.
(i) Inspection of Removal. When the removal work designated in the tree removal permit is completed, the applicant shall contact the public works department for an inspection of the removal. Any protected tree or significant tree removed will require complete removal and grinding of the stump and backfilling of the hole. (Ord. 2409, § 1, 2025.)
34.7 Tree removal permit replacement tree requirements.
(a) Replacement Trees. The planting of replacement trees is required when any tree removal permit is granted for the removal of protected trees, significant trees, restricted trees or restricted trees in a fire hazard severity zone, as applicable, whether or not associated with development.
(b) General Requirements for All Replacement Trees.
(1) A replacement tree shall be the same species as the removed tree if the removed tree was a protected tree. For removed significant trees, restricted trees or restricted trees in a fire hazard severity zone, the replacement trees shall be selected from the city’s protected tree species list or from the city’s approved replacement tree list. If the applicant desires to plant a replacement tree or trees that is or are not included in either list, the applicant’s request may be approved by the director, in the director’s sole discretion, upon consultation with the city arborist. Restricted trees, restricted trees in high fire severity zones or fruit trees of any kind cannot be planted as replacement trees.
(2) The applicant shall select a tree species to ensure diversity and site suitability and avoid monocultures. The size of all required replacement trees shall be no less than 24-inch box trees.
(3) Replacement trees shall be planted in accordance with the ANSI A300 tree care standards and accompanying ISA best management practices companion for tree planting so as to encourage vigorous and healthy growth. Before planting, the replacement tree’s growth and spacing characteristics shall be considered to minimize conflicts with, for example, structures, other trees, utilities and the public right-of-way. The planting of the replacement trees on the applicant’s property shall occur during the seasonally optimal periods identified by ISA standards or as otherwise directed by the city arborist.
(4) If the tree removal permit allows for the transplanting of a removed protected tree or significant tree, the protected tree or significant tree shall be replanted in accordance with the ANSI A300 tree care standards for relocating/transplanting trees.
(5) All replacement trees shall be planted on the property from which the protected tree, significant tree, restricted tree or restricted tree in a fire hazard severity zone was removed. The director may authorize a request to plant the replacement tree off site in accordance with the provisions set forth in the administrative regulations; however, no more than 50 percent of the required replacement trees may be planted off site.
(6) When the replacement tree or trees is or are planted, the applicant shall contact the public works department for an inspection of the work. The city will refund the applicant’s deposit for each replacement tree planted. If the applicant has not planted the replacement tree prior to the expiration of the tree removal permit, the applicant forfeits his, her or its deposit to the city. The city shall place the forfeited deposit in a separate city fund to be used for the planting of trees or other tree related uses at the discretion of the city.
(7) If a replacement tree does not survive for a period of two years, the applicant or current owner or lessee of the property where the replacement tree is located shall be required to replace it with another replacement tree that complies with the provisions of this section or pay the city the full cost of replacing the tree at a location to be determined by the city.
(8) As an alternative to subsection (b)(7) of this section, the director, commission or planning review authority, as applicable, may, in their discretion, require the applicant to post a bond or surety for a five-year period to guarantee the survival of the replacement tree(s). The amount of the bond or surety shall be in accordance with the “Guide for Plant Appraisal” (ISA publication, most recent edition).
(c) Number of Replacement Trees Required.
(1) The replacement tree requirement for tree removals not associated with development is one tree for each protected tree, significant tree, restricted tree or restricted tree in a fire hazard severity zone removed.
(2) The replacement tree requirements for tree removal permits associated with development are as follows:
(A) Two replacement trees shall be required for each 16-inch DBH increment of the existing protected tree or significant tree proposed for removal. For example:
(i) Two replacement trees shall be required for each protected tree or significant tree removed with a DBH of zero to 16 inches.
(ii) Four replacement trees shall be required for each protected tree or significant tree removed with a DBH of more than 16 inches and less than or equal to 32 inches.
(iii) Six replacement trees shall be required for each protected tree or significant tree removed with a DBH of more than 32 inches.
(d) Tree Removal and Replacement Plan. A tree removal and replacement plan (“replacement plan”) is required in conjunction with an application for a tree removal permit associated with development. The replacement plan shall comply with the provisions set forth in the administrative regulations. (Ord. 2409, § 1, 2025.)
34.8 Emergency trimming of protected trees.
(a) In the event of an emergency that occurs during regular city business hours, a protected tree may be trimmed without a tree trimming permit upon written notification to the director. Within five business days of the trimming, documentation supporting the emergency, including photographs, shall be submitted to the director for review.
(b) If the emergency occurs outside of regular city business hours or when City Hall is otherwise closed or it was not practicable to notify the director as required above, a protected tree may be trimmed without a tree trimming permit; provided, that within five business days of the trimming, written notification and documentation supporting the emergency, including photographs, is submitted to the director for review. (Ord. 2409, § 1, 2025.)
34.9 Exemptions.
(a) No tree trimming permit or tree removal permit is required for the trimming or removal of a protected tree, significant tree, restricted tree or restricted tree in fire hazard severity zone as applicable, damaged by storm, fire, or other natural disaster which has been determined by the director, police chief, fire chief, or code enforcement officer to be dangerous to life or property.
(b) No tree trimming permit or tree removal permit is required when the fire department has deemed the trimming or removal of any tree(s) including protected trees, significant trees, restricted tree or restricted tree in fire hazard severity zone critical to providing an effective firebreak.
(c) If not otherwise provided for under state law or regulation of the California Public Utilities Commission, no tree trimming permit or tree removal permit is required when a public utility company is required to trim or remove a protected tree(s), significant tree(s), restricted tree or restricted tree in fire hazard severity zone on private property as may be necessary to comply with their safety regulations or to maintain the safe operation of their facilities.
(d) The city is exempt from the provisions of this chapter; provided, that prior to the city’s removal of a protected tree or significant tree, restricted tree or restricted tree in fire hazard severity zone, the public works department shall obtain a report from a certified arborist affirming the director’s decision to remove the protected tree, significant tree, restricted tree or restricted tree in fire hazard severity zone. (Ord. 2409, § 1, 2025.)
34.10 Obstruction.
(a) It is unlawful for any person owning, leasing, occupying, having charge or control of any lot or premises in the city to keep or maintain thereon any tree, shrub or plant, or portion thereof, that interferes with or obstructs the free passage of pedestrians along or upon adjacent public sidewalks or of vehicles along or upon adjacent public rights-of-way or interferes with any public utilities. Such interference or obstruction described herein is declared to be a public nuisance.
(b) Every fence, sign, wall, hedge, tree, shrub or planting located within 75 feet of the point of intersection of the centerlines of streets or within 75 feet of the point of intersection of the centerline of a street and a railroad right-of-way that is more than 36 inches in height measured from the nearest adjacent public street level, or that, in the opinion of the director, constitutes an obstruction to the clear view of motorists on the streets, is declared to be a public nuisance; provided, however, that nothing in this section shall be deemed to apply to a wall, building or structure that has been or that may be constructed under a permit issued by the building department of the city.
(c) A violation of this section does not exempt a property owner from having to otherwise comply with the permit requirements of this chapter. (Ord. 2409, § 1, 2025.)
34.11 Violations.
(a) It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter.
(b) It is unlawful for any person to harm by any means, damage or cause to be damaged any protected tree or significant tree located within the city, or fail to comply with the standards of care described in SPMC 34.1(dd) for any tree located on their property or in an adjacent public right-of-way.
(c) It is unlawful for any person to remove or transplant any protected tree or significant tree from any property within the city unless a tree removal permit is first obtained from the city.
(d) It is unlawful for any person to trim the live foliage, limbs or branches of a protected tree located within the city without first obtaining a tree trimming permit from the city.
(e) It is unlawful for any person to remove any tree from the public right-of-way without first obtaining the express approval of the director and subject to any regulations adopted pursuant to SPMC 34.13.
(f) As of the effective date of the ordinance codified in this chapter, it is unlawful for any person to plant on private or public property a restricted tree(s) or a restricted tree(s) in a fire hazard severity zone. (Ord. 2409, § 1, 2025.)
34.12 Penalties.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor, except, at the discretion of the city prosecutor, the violation may be reduced to an infraction.
In addition, persons violating any of the provisions of this chapter also shall be subject to the following:
(a) Penalties for any unintentional violation of the provisions of this chapter shall be as follows:
(1) Payment of the standard inspection fee that would have been required for any tree trimming permit or tree removal permit or any other inspection fee; and
(2) Payment of two times the required tree removal permit or tree trimming permit fee; and
(3) Planting two times the number of replacement trees required to be planted for the removal of any trees pursuant to SPMC 34.7.
(b) Penalties for an intentional violation of this chapter for any trees removed not associated with development shall be as follows:
(1) All the penalties described in subsection (a) of this section; and
(2) The payment of a tree replacement fee in an amount up to, but not to exceed two times, the value of the destroyed, removed, or damaged tree. The city arborist shall determine the value of the destroyed, removed, or damaged tree by using the most recent edition of the ISA Guide for Plant Appraisal.
(c) Penalties for an intentional violation of this chapter associated with development or anticipated future development on the property shall be all penalties described in subsections (a) and (b) of this section and, in addition, the city manager may, in his or her discretion, refer the violation to the city prosecutor for criminal charges or to the planning commission for a public hearing to consider additional penalties. In the case of a public hearing, the burden of proof shall be on the city to demonstrate that there is sufficient evidence to a reasonable doubt that there is an intentional violation. The planning commission, after considering all of the evidence, may impose the additional penalty of prohibiting the issuance of building or construction-related permits for a period up to five years from the date of the violation for the property upon which the intentional violation occurred.
In determining whether a building or constructed-related permit may be issued with regard to the prohibition set forth in this subsection (c), the planning commission shall consider whether the violation appears to be in furtherance of a development, as evidenced in the extent of damage to the protected tree(s) or significant tree(s), removal, damage to the root system, and/or excessive trimming of protected trees or significant trees within the buildable area of a property; oral or written admissions; actions taken despite prior warnings; notices of violations; and the number and size of the damaged and/or removed protected trees or significant trees.
Intentional violations in the context of development or anticipated development of property shall require the planning commission to determine whether restitution trees are to be planted on the property on which the violation occurred or on public land with costs paid to the city for tree selection, planting and maintenance, or a combination of both. The restitution trees shall be subject to either of the survival guarantees described in administrative regulations.
For purposes of this section, the violation shall be presumed to have occurred on the date the city has actual knowledge of the violation, and the violator shall have the burden of proving an earlier commencement date, if entitlement to an earlier date is claimed.
Notwithstanding the prohibition on issuance of building or construction-related permits set forth in this section, building or construction-related permits may be issued if, in the opinion of the director of community development, they are necessary for the preservation of public health, safety or welfare.
(d) Payment of any penalty and planting of replacement trees shall occur within 60 calendar days of the date the violator was directed to take such action by the director. If the violator does not complete planting of replacement trees within the allotted time, the director may procure and plant the requisite replacement trees, and the violator shall be responsible for reimbursing the city for such additional costs. Reimbursement is due and payable within 30 calendar days of the city’s issuance of a billing statement.
If payment of the penalty or reimbursement costs is not received by the city within 60 calendar days, the city manager can instruct that the outstanding obligation be collected in any of the following manners: (1) a civil action in the name of the city, in any court of competent jurisdiction; or (2) use of a debt collection agency; or (3) a lien on the subject property.
(e) All penalties and additional costs related to a tree violation must be paid to the city prior to its issuance of building or construction-related permits unless, in the opinion of the director of community development, such permits are necessary for the preservation of public health, safety or welfare. (Ord. 2409, § 1, 2025.)
34.13 Administrative regulations.
To implement and enforce this chapter, the city manager or his or her designee may adopt administrative procedures, regulations and guidelines consistent with the provisions of this chapter. These administrative procedures, regulations and guidelines shall have the force and effect of law and may be relied upon by the parties to determine their rights and responsibilities under this chapter. Such administrative procedures, regulations and guidelines shall be posted at City Hall or on the city’s website or made available by the city when so adopted. (Ord. 2409, § 1, 2025.)
34.14 Conflict with laws.
The city shall interpret and apply the provisions of this chapter in a manner not to be in conflict with state or federal law. (Ord. 2409, § 1, 2025.)