CC 2014-10-14_11.b. Review Community Tree ProgramMEMORANDUM
TO: CITY COUNCIL
FROM: GEOFF ENGLISH, DIRECTOR OF PUBLIC WORK~
SUBJECT: REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER
DATE:
12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL
CODE
OCTOBER 14, 2014
RECOMMENDATION:
It is recommended that the City Council:
1. Provide direction to staff about specific areas of change to Chapter 12.16
of Title 12 of the Arroyo Grande Municipal Code (Community Tree
Program) or the City's tree regulation practices; and
2. Approve the proposed Tree Ordinance review schedule
FINANCIAL IMPACT:
There are no costs associated with this action.
BACKGROUND:
On September 9, 2014 the City Council considered an appeal from a resident to
allow for the removal of a Coastal Live Oak tree regulated by the Community
Tree Program Ordinance, Chapter 12.16 of Title 12 of the Arroyo Grande
Municipal Code. (Attachment 1) During the consideration of this item, at the
request of Mayor Ferrara, the Council directed staff to place on a future City
Council agenda an item to consider potential changes to the Community Tree
Program Ordinance.
The Community Tree Ordinance (Arroyo Grande Municipal Code 12.16), adopted
by the Arroyo Grande City Council, is a comprehensive tree protection program
that promotes:
A. The preservation, maintenance, and regeneration of all trees;
B. A beautiful and aesthetically pleasing community;
C. Trees or groves of unique or historical value and wildlife habitat;
D. Educational programs that address the importance of trees in the.
environment and their role in purifying the air, providing shade,
controlling erosion, and maintaining the rural, small town
atmosphere;
E. Improved communication between the Parks and Recreation
Commission, Architectural Review Committee and the Planning
Commission regarding tree-related issues and concerns. ·
Item 11.b. - Page 1
CITY COUNCIL
COMMUNITEE TREE PROGRAM ORDINANCE AMENDMENTS
AUGUST 13, 2013
PAGE2
The Community Tree Program addresses trees in Single Family Residential,
Commercial, Multi-Family and Industrial zones. Additionally, it also addresses
City Landmark trees and the installation, maintenance and removal of trees
related to property development. The Community Tree Ordinance was last
reviewed on August 27, 2013, at which time the Council adopted a resolution
approving changes that were primarily limited to title changes and other minor
revisions that will clarify current responsibilities and authorizations.
ANALYSIS OF ISSUES:
The Community Tree Program Ordinance establishes policies, regulations and
specifications necessary to govern installation, maintenance and preservation of
trees to accomplish the goals of the program. The Community Tree Program
also establishes the definition of "Regulated Tree" as follows:
"Regulated tree" means any tree located on properties in commercial, multifamily
or mixed use zones; coastal live oak trees (Quercus agrifolia) on properties in
single-family residential zones that measure twelve (12) inches in diameter when
measured four feet and six inches from the base; and any trees located in the
public right-of-way adjacent to the street on properties in single-family residential
zones, whether city or privately owned.
Tree removal requests for regulated trees are approved when one or more of the
following conditions listed in the City of Arroyo Grande Community Tree Program
Ordinance:
1. The condition of the tree regarding its general health, location to utilities or
structures, or status as a public nuisance;
2. The necessity of the requested action to allow construction of improvements or
otherwise allow economic or other reasonable enjoyment of property;
3. The topography of the land and the effect of the tree removal on erosion and
water retention;
4. The number, species, size and location of existing trees in the area and the
effect of the tree removal on scenic beauty, historic values, fire safety and the
general welfare of the city;
5. Good forestry practices in general.
The Public Works Director, by action of the City Council, has been designated
with authorization to determine if requests for tree removals meet any of the
above listed conditions. Tree Removal Request applications are submitted to
the Public Works Department for consideration and evaluated utilizing the
following process:
• Each application is received and logged. (Attachment #2-A copy of the
Tree Removal application form is attached)
Item 11.b. - Page 2
CITY COUNCIL
COMMUNITEE TREE PROGRAM ORDINANCE AMENDMENTS
AUGUST 13, 2013
PAGE3
• The City Arborist, Pete McClure, conducts a site evaluation of the tree(s)
and makes specific determinations. (Attachment #3-Tree Evaluation
Form)
• Public Works Director, Geoff English reviews the application and
determines if the request for removal is justified under the conditions
outlined in the Community Tree Program Ordinance.
• A determination is made and a written response is provided to the
applicant. Applicants whose tree removal requests are denied are
provided with instructions on how to file an appeal. If the tree removal is
permitted, the applicant is made aware of any required tree mitigation
requirements.
The most common reason for tree removals is the existence of private
infrastructure damage caused by tree roots. These applications are often filed
by business owners, property management firms or Home Owner Associations in
multi-family, or mixed-use zoned areas. If the damage is limited to pavement
that can be addressed through root pruniri·g, it has been staff's practice to require
the applicant to preserve the tree. Removal of regulated trees are generally
permitted when there is evidence of damage to building foundations. or
underground utilities.
The City also receives periodic requests from residents to remove-street trees
that are causing damage to sidewalks in front of single family residences. The .
City has generally denied these requests and has completed the necessary
sidewalk repairs and root pruning. Removal of regulated trees has been
permitted when damage to sidewalks or pavement on either public or private
property resulting from tree roots has reappeared following repairs that have
been made within the last five years.
Another issue that has occurred involves enforcement of conditions of approval
on projects to retain existing trees. Currently, staff enforces such conditions of
approval on developers until the project is constructed and final permits are
issued. However, since the trees do not fall under the definition of regulated
trees, there are no restrictions on future removal of the trees by subsequent
homeowners. Since tree removal permits already require a significant dedication
of staff time, staff believes expanding regulations to apply to these trees would
be difficult to enforce.
Staff is proposing that potential changes to the Community Tree Program
Ordinance be considered on the following schedule:
November 12, 2014 Tree Ordinance Public Workshop
December 10, 2014 Parks and Recreation Commission review
January 27, 2014 City Council consideration
Item 11.b. - Page 3
CITY COUNCIL
COMMUNITEE TREE PROGRAM ORDINANCE AMENDMENTS
AUGUST 13, 2013
PAGE4
Staff has also developed and maintained a street tree list limited to those trees
appropriate for planting based on their ability to thrive in the local climate,
minimal maintenance needs, and limitation of root damage. (Attachment #4-
Street Tree List) However, current practice has not been to approve removals for
mature trees based upon species of the tree unless it meets other criteria. There
has been some debate whether there are cases when replacement of an
inappropriate tree species with a more suitable species would provide a greater
long-term benefit to the urban forest.
The primary issue staff would like to emphasize is that tree removal permitting is
time intensive and often involves strong emotions by the applicant. Therefore, if
any changes are made, it is critical to staff that specific criteria be agreed upon to
avoid making the process difficult for staff to implement.
ADVANTAGES:
The primary purpose of the review at this time is to help ensure current practices
are balancing tree preservation and infrastructure maintenance goals as
appropriately as possible. Some changes in current practices could reduce
sidewalk maintenance costs.
DISADVANTAGES:
Changes could also result in a reduction in tree preservation and loss of mature
trees that provide a number of benefits to the community. Expanding tree
regulation any further would have a significant impact on available staff time.
ENVIRONMENTAL REVIEW:
No environmental review is required for this administrative action.
ALTERNATIVES:
The following alternatives are provided for the City Council's consideration:
1. Provide direction to staff.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 9, 2013. The
Agenda and staff report were posted on the City's website on Friday, October 10,
2013.
ATTACHMENTS
1. Community Tree Ordinance (Arroyo Grande Municipal Code 12.16)
2. Tree Removal application form
3. Tree Evaluation Form
4. Current Street Tree List
Item 11.b. - Page 4
Municode
ATTACHMENT 1
Arroyo Grande, California, Code of Ordinances »Title 12 -STREETS, SIDEWALKS AND PUBLIC
PLACES »-Chapter 12.16 COMMUNITY TREE PROGRAM»
Chapter 12.16 COMMUNITY TREE PROGRAM ill
Sections:
12.16.010 Purpose.
12.16.020 Definitions.
12.16.030 Street tree requirements.
12.16.0~0 Responsibility for tree-damaged sidewalks and public improvements.
12.16.050 Privately owned trees affecting public right-of-way.
12.16.060 Landmark trees.
12.16.070 Tree removal in residential. mixed use or commercial zones.
12.16.080 Public utility company requirements.
12.16.090 Installation, maintenance and removal of trees relating to property development.
12.16.010 Purpose.
It is in the best interest of the city, the public, and the environment to establish a
comprehensive community tree program that promotes:
A. The preservation, the maintenance, and regeneration of all trees;
B. A beautiful and aesthetically pleasing community;
C. Trees or groves of unique or historical value and wildlife habitat;
D. Educational programs that address the importance of trees in the environment and
their role in purifying the air, providing shade, controlling erosion, and maintaining the
rural, small town atmosphere;
E. Improved communication between the parks and recreation commission, architectural
review committee and planning commission regarding tree related issues and
concerns.
Further, in order to implement the goals and objectives of the parks and recreation element
of the city of Arroyo Grande's general plan, and to mitigate the loss of open space and vegetation
caused by new development in the city, the city council has determined that a development impact
fee (or the implementation of a tree planting plan in lieu thereof) is needed in order to finance the
planting of trees and to pay for the development's fair share of the implementation of these
improvements.
This chapter establishes policies, regulations and specifications necessary to govern
installation, maintenance and preservation of trees to accomplish the above stated purpose.
(9rd. No. 656, § 1, 8-27-2013)
12.16.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
Item 11.b. - Page 5
Municode
"Certified arborist" shall be one of the persons who has completed the requirements of, and
who appears on the approved list of the International Society of Arboriculture, Western Chapter.
This list shall be available for review in the community development department.
"City" means the city of Arroyo Grande.
"City council" means the city council of the city of Arroyo Grande.
"Conditioned tree" means any tree that is to be preserved and protected from removal,
destruction or loss as a requirement of a permjt issued by a permit-granting authority.
"Dead regulated tree" means a regulated tree that is no longer alive or is in an advanced
state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exist to
sustain life) and has been determined to be in such a state of decline by a certified arborist during a
nondormant or other natural stage of the tree that would minimize the likelihood that the tree would
be mistakenly identified as being in such a dead state.
"Development" means any project involving the issuance of permit for construction or
reconstruction, other than interior remodeling, but not a permit to operate.
"Director" means the city public works director or his or her duly appointed agent.
"Dripline" means an imaginary vertical line running from the outermost branches or portions
of the tree crown to the ground.
"Excessive pruning" means removing in excess of one-third (33.3 percent) or greater of the
functioning leaf, stem, or root area of a tree. Pruning in excess of 33.3 percent is injurious to the
tree and is prohibited unless written approval is granted by the public works director or his or her
appointed representative prior to initiating the work. Topping and lion's tailing shall be considered
unacceptable pruning practices for trees.
"Fire chief' means the fire chief of the Five Cities Fire Authority.
"Imminent fire safety hazard" means trees that impinge upon the fire defensible zone around
structures as determined by the fire chief. The defensible zone is defined as that area one hundred
· (1 00) feet around a structure or two hundred (200) feet if structure is situated on or above a slope.
"Landmark tree" or "landmark grove" means existing tree(s) on public or private property that
has been found to be a notable horticultural specimen, or is of significant aesthetic, cultural or
historical value, and is designated as such by resolution of the city council, upon recommendation
of the planning commission or parks and recreation commission of the city. Landmark trees may
include street trees.
"Lion's tailing" means the removal of an excessive number of inner, lateral branches from
parent branches. Lion's tailing is not an acceptable practice.
"Maintenance" means pruning, spraying, fertilizing, staking, irrigating, treating for disease or
injury, and other similar acts that promote the life, growth, health or beauty of trees or shrubs.
"Owner" means an individual, firm, association, corporation, partnership, persona and
lessees, trustees, receivers, agents, servants and employees of any such person(s).
Item 11.b. - Page 6
Municode
"Parks and recreation commission" means the parks and recreation commission of the city of
Arroyo Grande.
"Permit-granting authority" means that appropriate individual or body designated by
municipal code or state law to have the legal authority to issue the permit for. which application was
made.
"Planting easement" means an easement adjacent to public right-of-way obtained for the
purpose of planting and maintaining street trees.
"Planning commission" means the planning commission of the city of Arroyo Grande.
"Public places" means all properties owned by the city and public easements.
"Public streets" means all city public rights-of-way, including all public easements.
"Regulated tree" means any tree located .on properties in commercial, multifamily or mixed
use zones; coastal live oak trees (Quercus agrifolia) on properties in single-family residential zones
that measure twelve (12) inches in diameter when measured four feet and six inches from the base;
and any trees located in the public right-of-way adjacent to the street on properties in single-family
residential zones, whether city or privately owned.
"Street trees" means any tree in any street, park, public place, or public easement.
"Subdivision" means any subdivision of property, including minor subdivisions.
"Topping" means the severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure
the tree.
"Tree coordinator" means the city employee who is responsible for the city landmark tree
program, memorial tree planting, Arbor Day activities, education programs, issuing of tree removal
permits, and coordination with citizens regarding tree matters.
"Tree removal" means the destruction or displacement of a tree or shrub by cutting,
bulldozing, mechanical, chemical or other method, which results in a physical transportation of the
tree from its site and/or death of the tree.
"Tree well" means an unsurfaced area provided within a paved or concrete sidewalk for the
planting of a tree.
"Undeveloped property" means property that has been zoned to allow development, but
which has not yet been developed.
(Ord. No. 656, § 1, 8-27-2013)
12.16.030 Street tree requirements.
A. A street tree shall be planted at the time of construction by every property owner, except for
subdivisions, spaced no farther than fifty (50) feet apart along the streetfrontage of any
building constructed. Interior remodeling permits and activity shall be exempt from street tree
planting requirements. The director shall specify specific locations along the frontage of the
constructed building for street trees and shrubs on public streets and tree planting
Item 11.b. - Page 7
Municode
B.
C.
D.
E.
F.
G.
H.
I.
J.
easements, and the species of tree shall be selected by the director from the master street
tree list on file with the parks, recreation and facilities department. Street trees shall be of a
fifteen ( 15) gallon container size (or greater) and comply with the standards set forth by the
American Society of Nurserymen.
For property within commercial or industrial zoned districts in the city, the property owners,
upon construction, shall provide tree planting wells within any paved or concrete sidewalk.
Street trees shall be planted within these wells as outlined in subsection A of this section,
with the addition of installing deep root barriers.
A fee, consistent with that established by the city council for subdivision maps shall be
imposed by the director, if the property owner requests that the city plant the required tree(s)
on his or her behalf.
All existing and proposed street trees shall be identified by the applicant on all construction
and building plans and maps presented to the city.
No existing street tree shall be removed or replaced without written authorization of the
director or the tree coordinator.
It shall be the responsibility of the property owner to properly maintain all street tree-planting
areas upon his or her property, including any adjacent easement, regardless of whether such
property is developed. Such maintenance shall include irrigation and keeping such planting
easements free from weeds or any obstructions deemed contrary to public safety and in
conformance with the plan approved by the director for the property involved.
The director shall, at city expense, inspect and, when necessary, remove and/or replace
street trees.
The director may cause the roots of young trees in the process of development to be cut to
prevent future sidewalk lifting. Roots on older trees that have lifted sidewalks may be cut.
Overhead limbs may be pruned or cut back to compensate for the loss of root area.
The director may cause the removal of overhead limbs from any ~treet tree, regardless of the
location of such street tree, if, in the director's opinion, such removal is necessary in the
interest of public safety.
Nothing in this chapter shall be deemed to relieve the owner and occupant of any private
property from the duty to keep his or her private property, sidewalks and planting easements
in front of such private property in a safe condition and so as not to be hazardous to public
travel.
K. Whenever a property owner desires to have a street tree removed, he or she shall apply to
the director for a permit for such removal. The director may approve or deny such request.
L. Any street tree damaged or destroyed by an individual shall be replaced through payment by
the person or persons causing such loss to the city. The amount of such payment shall be
the replacement value of the tree, as determined by the director, but in no event shall it be
less than one hundred fifty dollars ($150.00) per tree and shall be in addition to any criminal
fine or penalty for municipal code violation. Any act intentionally damaging or destroying a
street tree shall constitute a misdemeanor violation of this chapter.
(Ord. No. 656, § 1, 8-27-2013)
12.16.040 Responsibility for tree-damaged sidewalks and public improvements.
A. The public works director will periodically prepare a list of particular street trees that have
created a present and immediate danger to pedestrian travel, by causing damage to public
improvements, sidewalks, or have interfered with drainage flow in gutters, or resulted in
traffic hazards· in adjacent streets.
Item 11.b. - Page 8
Municode
B. The public works director shall order the repair or replacement of such damaged public
. improvement. Trees shall only be removed if it is determined that the public improvements
will cause the tree to be unsafe or unstable or will likely cause the need for recurrent repair to
public improvements. Prior to removal of any street tree causing such damage, the adjacent
property owner will be notified, in writing, by the public works director. The public works
director shall order a riew tree to be planted as a replacement tree, when the site is
appropriate, as determined by the director.
(Ord. No. 656, § 1, 8-27-2013)
12.16.050 Privately owned trees affecting public right-of-way.
A. Trees on private property that have caused, or may cause, in the judgment of the public
works director, damage to public-improvements shall be root-trimmed or the tree removed,
and such damage to public property shall be repaired by_ the owner of such tree. After fifteen
(15) days' notice to correct the condition, the public works director may correct the condition
and send a billing therefor, including a fifteen (15) percent administration fee, to the property
owner. If the property owner fails to remit the payment, the charge for all costs of correction,
including the administration fee, shall be charged as a tax lien upon the tree owner's
property.
B. No person shall permit branches of trees or shrubs to extend within nine feet from the ground
over any portion of the sidewalk area, or within fourteen (14) feet from the ground over any
portion of residential street abutting the property on which the tree is growing, or within
fourteen (14) feet on streets designated as truck routes. After fifteen (15) days' notice to
correct the condition, the public works director may correct the condition and send a billing
therefor, including a fifteen (15) percent administration fee, to the property owner. If the
property owner fails to remit payment, the charge of all costs of correction, including the
administration fee, shall be charged as a tax lien upon the tree owner's property.
(Ord. No. 656, § ·1, .8-27-2013)
12.16.060 Landmark trees.
A. In order to initiate a landmark tree designation, the owner(s) of such trees shall sign the
proposed designation resolution prior to city council adoption, thereby conferring consent for
the tree(s) to be voluntarily designated as landmark tree(s) by the city and approved for the
city to go upon the owner's property for monumentation, inspection and inventory. Trees may
also be designated a landmark tree(s) as part of a city development approval or permit
process (see Section 12.16.090). For such case the director shall sign the resolution after its
adoption in lieu of the tree owner's(s') signature. The director shall sign as owner for all city-
owned trees.
B. The city council, upon recommendation of the planning commission or parks and recreation
commission,-shall, after making any revisions it deems appropriate, designate landmark
trees or landmark groves by resolution. The director shall administer the landmark tree
program for the city.
C. In the event a landmark tree(s) owner desires to remove landmark tree designation from his
or her tree(s), the owner may petition the city council to adopt a resolution repealing
landmark status from the tree(s).
D. No landmark tree(s) shall be removed without the consent of the city council, nor shall any
landmark trees be destroyed or damaged.
E.
Item 11.b. - Page 9
Municode
The director shall maintain a permanent log of all trees designated. Such log shall consist of
a copy of all resolutions designating landmark trees. Each resolution shall contain a
landmark tree monumentation number, a photograph of the tree(s), a location map of the
tree(s) on the property, the reasons why such tree(s) has been designated a landmark tree
(s), and the signature and owner's(s') name, and the address and legal description of the
property upon which the tree(s) is located. The director shall present a copy of the adopted
resolution to the tree owner.
F. The director shall install a permanent marker upon or near each landmark tree, identifying
the tree as a landmark tree, and containing the tree monumentation number. One marker
may be used for a landmark grove.
G. The director shall cause the physical inspection and inventory of all landmark trees every
three years to determine their condition and presence, and he/she shall report his or her
findings publicly to the city council, the parks and recreation commission, and the planning
commission, via the city manager.
H. Upon the death of a landmark tree, the director shall record the estimated date of death and
suspected cause of death upon the resolution designating the tree. The director shall use
such information to assist in determining future tree preservation programs for the city.
I. No branches two inches or larger on a landmark tree shall be pruned without prior written
approval of the director or the city tree coordinator.
(Ord. No. 656, § 1, 8-27-2013)
12.16.070 Tree removal in residential, mixed use or commercial zones.
A. No person(s) shall allow or cause the removal of any regulated tree on property used or
zoned multifamily residential, mixed use or commercial without first obtaining a tree removal
permit from the director or tree coordinator. Furthermore, no coastal live oak trees (Quercus
agrifolia) greater than twelve (12) inches in diameter when measured four feet and six inches
from the base located in single-family residential zoned areas and any trees located in the
public right-of-way in single-family residential zoned areas may be removed without first
obtaining a tree removal permit. The permit is available at no charge.
B. Tree removal in the above locations without a permit shall constitute a misdemeanor
violation of this chapter, and in addition, removed trees shall be replaced through payment
by person or persons causing such loss to the city. The amount of such payment shall be the
replacement value of the tree as determined by the director, but in no event shall it be less
than one hundred fifty dollars ($150.00) per tree; and it shall be in addition to any criminal
fine or penalty for municipal code violation.
C. The intended decision of the director or tree coordinator for issuing or refusing a tree removal
permit shall be based upon reasonable standards, including:
1. The condition of the tree regarding its general health, location to utilities or structures,
or status as a public nuisance;
2. The necessity of the requested action to allow construction of improvements or
otherwise allow economic or other reasonable enjoyment of property;
3. The topography of the land and the effect of the tree removal on erosion and water
retention;
4. The number, species, size and location of existing trees in the area and the effect of
the tree removal on scenic beauty, historic values, fire safety and the general welfare
of the city;
5. Good forestry practices in general.
Item 11.b. - Page 10
Municode
D. Subject to obtaining a tree removal permit, a dead regulated tree, as defined by Section
12.16.020, may be removed, and a replacement tree from the approved city tree list and
acceptable to the director of public works or his/her designee will be required to be planted in
its place, unless determined by the director of public works to be unnecessary due to special
circumstances of the site.
E. Standards for the Pruning of Trees on Private Property.
1. The city council may adopt by resolution standards for the pruning of regulated trees
on private property, with which all licensed tree companies doing business in the city
shall comply. At a minimum all pruning shall comply with the standards established by
the International Society of Arboriculture.
2. Failure to comply with these standards as determined by the city council shall
constitute a misdemeanor violation of this chapter and may result in the suspension of
the tree company's business license, if applicable, as follows: first offense,
suspension of the business license for a period not exceeding ninety (90) days, and
for a second offense or any subsequent offenses, by suspension of the business
license for a period not exceeding one year.
F. Topping Prohibited. Intent: to insure healthy, structurally stable, aesthetically pleasing trees
and mitigate public liability.
1. "Topping" means the severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove the normal canopy
and disfigure the tree. It is unlawful to top or stub trees.
2. Utility line clearing shall be accomplished by the drop crotch method of pruning and
shall include side branches.
3. All pruning of public trees shall be in accordance with current pruning specifications of
the city parks division.
G. Appeals. Appeals regarding decisions on tree removal permits by the director are to be ·
submitted in writing to the parks and recreation commission within fourteen (14) days of the
director's decision. Actions of the parks and recreation commission are final unless appealed
to the city council.
H. Exceptions. A tree removal permit is not required for the following:
1. Trees in hazardous condition that represent an immediate danger to health or
property as determined by the city;
2. Christmas tree lots;
3. Fruit trees;
4. Owners of firewood harvesting lots need not obtain a removal permit, if the species of
trees harvested are eucalyptus or pines;
·5: Trees that present an imminent fire safety hazard as determined in writing by the fire
chief.
(Ord. No. 656, § 1, 8-27-2013)
12.16.080 Public utility company requirements.-
Public utility companies shall obtain a permit from the director, which shall be valid for one
calendar year, and notify the city forty-eight (48) hours prior to performing the following:
A. Removal of a street tree or any tree covered in Sections 12.16.060 and 12.16.070
B. Pruning of a street tree, landmark tree, or any tree covered in Sections 12.16.060 and
12.16.070 for overhead power line clearance; and
Item 11.b. - Page 11
Municode
C. Underground trenching within the dripline of a street tree, a landmark tree, or any tree
covered in Sections 12.16.060 and 12.16.070
(Ord. No. 656, § 1, 8-27-2013)
12.16.090 Installation, maintenance and removal of trees relating to property
development.
A. A tree planting fee is established on issuance of all subdivision maps for development in the
city. The city council shall, in a council resolution, set forth the specific amount of the fee. As·
described in the fee resolution, this tree planting fee shall be paid by each developer prior to
issuance of a building permit. On an annual basis, the city council shall review this fee to
determine whether the fee amounts are reasonably related to the impacts of developments.
The revenues raised by payment of this fee shall be placed in a separate and special
account, and such revenues, along with any interest earnings on that account, shall be used
solely to pay for the city's future purchase and planting of trees described in the resolution
enacted pursuant to the above. The selection, purchase, planting and future maintenance of
such trees shall be performed by the director. In lieu of the fee, at the election of the planning
commission, the subdivider shall be responsible for the purchase, planting, maintenance and
replacement, if necessary of such trees for twenty-four (24) months after planting and
acceptance according to a uniform planting plan approved by the director. The subdivider
may be required to post a bond, the amount to be determined by the planning commission,
to assure faithful performance. The bond may be held by the city for a maximum of two
years.
B The planning commission may require a six-foot tree planting easement on all or select
streets within proposed subdivisions, in addition to dedicated planting easements for street
trees in conformity with a uniform planting plan for the area involved.
C. All proposed changes in a public street right-of-way direction or width, or any proposed street
improvement, shall, where feasible, include allowances for planting easements. Plans and
specifications for planting such areas shall be integrated into the general plan of
improvements, and it shall be the duty of the director of public works to coordinate the design
of such improvements with the community development director prior to the completion of
the final overall plans.
D. No tree shall be removed on any undeveloped parcel for which a tree removal permit has not
been issued or for which a tree removal plan has not been approved by the planning
commission. Tree removal on undeveloped property without a permit or approved plan shall
constitute a misdemeanor, and in addition, removed trees shall be replaced through
payment, by person or persons causing such loss, to the city. The amount of such payment
shall be the replacement value of the tree, as determined by the director, but in no event
shall it be less that one hundred fifty dollars ($150.00) per tree, and it shall be in addition to
any criminal fine or penalty for municipal code violation.
E. All grading, building, conditional use, tract map, parcel map, planned development, and other
development proposals submitted to the city shall be accompanied by an accurate map
identifying and locating all existing trees upon the property for which appli_cation is received
and all existing trees that are off-site but affected by the project. Such map shall also identify
all existing trees that are proposed by the applicant for removal or destruction, and such
trees shall be visibly marked for the director's inspection. The director, or his or her
designee, shall locate all trees upon the applicant's and affected property and prepare a
written report to the permit-granting authority within two calendar weeks of the permit
application having been received by the city.
Item 11.b. - Page 12
Municode
F. The director's report to the permit-granting authority shall contain:
1. Recommendation as to which trees should be preserved and protected from removal
and/or relocation;
2. Recommendation as to which trees should receive landmark designation.
G. The permit-granting authority shall not issue a permit until receiving and reviewing the
director's recommendations. The permit-granting authority shall not be bound to honor the
director's recommendations. The permit-granting authority shall have the authority to
approve and issue a permit with conditions requiring protection and preservation of any or all
trees affected by the permit.
H. The killing, removal or damaging, intentionally or accidentally, of any tree, because of
development activity, shall result in a separate administrative penalty to be paid, through
payment by person or persons causing such loss, to the city. The payment shall be the
amount of the value of the tree, as set forth in the Manual for Plant Appraisers, published by
the Council of Tree and Landscape Appraisers, but in no event shall the payment be less
than one hundred fifty dollars ($150.00) per tree. The intentional killing, removal or damaging
of any tree, as a result of development activity, shall constitute a misdemeanor.
I. If the permit-granting authority approves the removal of any oak tree or other tree as defined
in Section 12.16.020 when related to property development, the tree owner(s) of such tree(s)
shall replace each tree removed at a three to one replacement ratio. The size, specie, and
location of replacement trees shall be determined by the director, in writing, before the permit
is issued. Replacement trees shall be maintained and cared for by the owner(s) when
planted on his or her parcel. If not planted on the owner's parcel, the director may identify a
site for planting replacement tree(s), and the city will be responsible for maintenance thereof.
J. In the event the permit-granting authority desires landmark designation for any tree, the
permit-granting authority shall convey such recommenda!ion to the city council via the
planning commission for consideration and recommendation and shall withhold issuance of
such permit until the city council has adopted a resolution conferring landmark designation.
K. In the event the city council adopts a resolution conferring landmark designation upon a tree
(s) during the development process, a permit shall be issued only with condition that the
designated tree(s) shall not be removed or disturbed. Failure to comply with this condition
shall result in a misdemeanor. There will be a separate administrative penalty of five
thousand dollars ($5,000.00) to the tree owner for each landmark tree removed, destroyed or
killed as a result of construction or development activity, regardless of whether the removal
was intentional.
L. All administrative penalties recovered by the city, pursuant to this chapter of the municipal
code, shall be deposited in a city fund, the assets of which shall be used for tree planting,
care and administration of this chapter of the municipal code.
M. Trees designated to remain on the tree removal plan shall be protected prior to and during
· construction by the owner(s), using the following measures:
1. Each tree or group of trees designated to remain shall be protected by an enclosure of
a five-foot fenc·e, prior to the beginning of construction. The fence shall be wooden,
chain link, or piCistic barricade fencing. The location of the fence is normally at the
dripline of the tree, but it may adjusted or omitted with the director's written approval.
2. No parking of vehicles or equipment or storage of materials shall be permitted within
the dripline of the trees designated to remain.
3. In the event the underground utilities must be placed within the dripline of the trees to
remain, the utilities shall be installed by auguring at twenty-four (24) inches minimum
depth or by hand trenching. If roots over one inch in diameter are encountered, the
Item 11.b. - Page 13
Municode
roots shall be preserved without injury. No machine trenching within a tree's dripline
shall be permitted, unless authorized, in writing, by the director.
4. A performance bond may be required, in a form acceptable to the city and prior to
issuance of an entitlement, to assure protection of trees on the site. The amount of
any set bond shall be one thousand five hundred dollars ($1 ,500.00), or the value of
affected trees, whichever is greater, based on the Manual for Plant Appraisers,
Council of Tree and Landscape Appraisers. The latest edition is to be available for
review in the community development department. If, in the opinion of the certified
arborist, no violation or damage has occurred during construction, the bond shall be
returned upon final building inspection. However, if damage has occurred, the bond
shall be held for three years and forfeited if, in the opinion of the certified arborist,
permanent damage has occurred.
5. Failure to comply with tree preservation requirements shall result in the director
issuing a stop work order until all requirements have been met.
N. Upon determination that a conditioned tree or landmark tree has died, been destroyed or
removed as a result of construction or development activity, the council may stop further
construction or development activity until the administrative penalty is paid.
0. When the city requires tree pruning, the tree service contractor performing the work shall use
an arborist certified by the Western Chapter of the International Society of Arboriculture.
(Ord. No. 656, § 1, 8-27-2013)
FOOTNOTE(S):
---(1) ---
Editor's note-Section 1 of Ord. No. 656. adopted Aug. 27. 2013, amended Ch. 12. 16 in its entirety to read as
herein set out. Former Ch. 12. 16. §§ 12. 16.010-12. 16.090, pertained to similar subject matter and derived from
prior code§§ 10.3.01-10.3.09, Ord. 521, § 1, adopted in 2000; Ord. 567, § 2, adopted in 2005; Ord. 575, §§ 1-4.
adopted in 2005: Ord. 585, §§ 2-3, adopted in 2007; and Ord. 606, §§ 2-4, adopted in 2008. (Back)
Item 11.b. - Page 14
CITY OF ARROYO GRANDE
PUBLIC WORKS DEPARTMENT
TREE REMOVAL PERMIT
ATTACHMENT 2
LOCATION OF TREE(S) TO BE REMOVED:
Property Address:
Property Owner: _________________ Date: ____ _
City: _________________ Zip Code: ______ _
Contact Person: Phone #: ----------------------
TREE INFORMATION:
Number of Trees: _______ Species!Type: ___________ _
Approx. Height: _____ Diameter of trunk at 4' 6" above ground: ____ _
Location of trees on the property (Provide map if necessary):
REASON FOR REMOVAL:
D DAMAGING PRIVATE/ PUBLIC PROPERTY
0 CLEAR SITE FOR PERMITED CONSTRUCTION
D EMINENT RISK TO PUBLIC SAFETY
D
D
D
DEAD/ POOR TREE HEALTH
UTILITY CONFLICT
OTHER-DESCRIBE BELOW
DESCRIPTIONS OF CONDITIONS: -------------------
DETERMINATION:
D APPROVED D DENIED
COMMENTS: ______________________ __
TO BE REMOVED BY:
D CITY D OWNER D OTHER -----------
SIGNATURE-CITY APPROVAL DATE
White Copy-Property Owner/Applicant Yellow Copy-Tree Removal Company Pink Copy-City of Arroyo Grande
Tree Removal Permit-Rev. 12119/2012
Item 11.b. - Page 15
ATTACHMENT 3
City of Arroyo Grande
Department of Public Works
TREE REMOVAL REQUEST-STAFF EVALUATION FORM
Name of Applicant: ___________ Date of Evaluation: ____ _
Property Address: --------------,-------------
Tree Information
Species/ Type:------------D.B.H.: ___ Height: __ _
Regulated Tree under the Community Tree Program Ordinance: Yes-D
Multi-Family Residential Zoning-0 Commercial Zoning-
Street Tree in ROW I Easement-0 Coastal Live Oak-
General Condition of Tree:
Is the tree damaging private or public property?
0
0
Yes-D
No-D
No-D
If yes, explain: -----------------------
Does the tree presents a risk to public health and safety? Yes-D No-D
If yes, explain: -----------------------
Other factors for consideration:
NAME OF EVALUATOR:
EVALUATOR SIGNATURE:----------------DATE: ___ _
Item 11.b. - Page 16
CITY OF ARROYO GRANDE
RECOMMENDED TREE LIST
STREET TREES
Bay Laurel
Bronze Loquat
Ginko biloba I Maidenhair Tree
Ligustrum lucidum I Glossy Privet
Maidenhair Tree
Magnolia grandiflora I Southern Magnolia
'Majestic Beauty'
'Samuel Sommer'
'Little Gem'
'Saint Mary'
Pistachia chinensis I Chinese Pistache
Platanus acerfifolia I London Plane Tree
Podocarpus gracilior I Fern Pine
Prunus cerasifera I
Pyrus calleryana I Bradford Pear
Pyrus kawakamii I Evergreen Pear
Quercus agrifolia I Coast Live Oak
Quercus ilex I Holly Oak
Tristania conferta I Brisbane Box
'Purple Pony'
'Krauter Vesuvius'
Agonis flexuosa I Austrailian Willow I Myrtle
Eucalyptus nicholii I Nichol's Willow I Leafed Peppermint
OTHER/LANDSCAPE
Australian Willow
Cajeput Tree
California Pepper & Brazilian Pepper
California Sycamore
Canary Island Pine
Chinese Elm
Coast Redwood
Colorado Blue Spruce
Coral Tree
Deodar Cedar
European White Birch
Evergreen Elm (Chinese Elm)
Flowering Plum
Jacaranda
Mayten
Red Oak
Saucer Magnolia
Toyon
Weeping Willow
Undesirable Trees
Eucalyptus globulus I Blue gum eucalyptus
Liquid Amber
ATTACHMENT 4
Item 11.b. - Page 17
THIS PAGE INTENTIONALLY LEFT BLANK
Item 11.b. - Page 18