HomeMy WebLinkAboutItem 4.1 - Heritage Tree Ord. Revisions
4.1
CITY OF MOUNTAIN VIEW
MEMORANDUM
DATE: April 27, 1995
TO: City Council
FROM: Charlie Gibson, Parks Manager
SUBJECT: Urban Forestry Management/H~ritage Tr~~ Ordinance
EXECUTIVE SUMMARY
The goals of this report and the City Council study session are to:
· Provide an overview of the Urban Forestry Management Program,
· Review the Heritage Tree Ordinance.
· Examine the Heritage Tree Board's (Parks and Recreation Commission)
suggested changes to the ordinance which are proposed for the purpose of
increasing customer service/satisfaction levels, improving ordinance
enforcement capabilities, and cultivating the preservation of certain heritage
trees.
· Obtain feedback from the City Council regarding proposed revisions,
BACKGROUND
Overview
In 1993, the Parks Division established an Urban Forestry Management Program
with the mission of improving service to the community through long range
planning, cycled maintenance of street and park trees, and ordinance enforcement.
The program includes proactive forestry projects which preserve heritage trees,
reduce long term problems (i,e. damage, claims, emergencies, etc,) and improve the
overall infrastructure of Mountain View's urban forest.
History
There are approximately 100,0001 trees in Mountain View including trees on private
property. Efforts to protect trees date back to 1960 when the City Council introduced
an ordinance to establish tree care services. Subsequent City Council actions relating
to urban forestry and tree protection include:
1960 - Introduction of a City ordinance to establish tree care services.
1961 - Establishment of the Street Tree Ordinance.
lEstimate projected based on comparison to the City's TreeKeeper inventory,
~/~1~ -5\f&\f ~tJ ~ CvUN~(., ~SWSSIDN. Nb
~C(tDtJ ~ ,
1975
1983 -
1988 -
Adoption of the Heritage Tree Ordinance,
Development of a street tree policy and reforestation plan.
Formation of the Heritage Tree Board.
1994 -
Introduction of the Arbor Day program where residents were furnished
free trees. (This program was eliminated in 1993 due to City funding
constraints.)
Development of the TreeKeeper database which allows the City to record
and accurately track the size, location and condition of City-maintained
trees,
Funding of the annual Forestry Capital Improvement Program to
maintain large trees and incrementally replenish the urban forest.
1989 -
1994 -
Urban Forestry Management Program
The Urban Forestry Management Program was introduced in 1993 to focus on
problem resolution and strategic planning including reforestation and maintenance
with fully certified arborists. The Urban Forestry Management Program seeks to:
1. Implement an ongoing routine maintenance cycle (5 to 7 years) for the entire city
tree population to ensure systematic, scheduled pruning,
2. Follow National Arborist Association pruning standards for all maintenance
operations.
3. Establish a street tree planting program using a phased planting schedule to reach
a 90% inventory level of the street tree population within 10 years.
4. Replace street trees (when removed) with species that are not likely to cause new
or additional hardscape damage.
5. Maintain an updated tree inventory using the TreeKeeper database.
6, Evaluate the City's official street tree plan and develop recommendations for
species replacements that are less problematic to urban hardscape areas,
7. Enhance customer service and promote public education,
The program aims to accomplish these goals through the following components:
· Maintenance/Emergency Response
· Reforestation
· Heritage Tree Ordinance
· Database Management
· Maintenance of Master Street Tree Plan
· Street Tree Ordinance
· Development Design Review
· Customer Service/Education
· CIP Administration
2
In a December, 1993 report, the Davey Resource Group valued City street and Park
trees at approximately $60,766,490. The Urban Forestry Management Program seeks
to protect this valuable community resource by instituting practices which ensure
that it will continue to provide benefits to the City both today and in the future,
Street Tree Ordinance
The City's Street Tree Ordinance (Section 32.4 to Section 32,15 of the City Code) is
designed to protect the City's 27,000 street trees. These are trees within the public
right of way which is typically defined as five feet from the edge of the sidewalk or
ten feet from the beginning of the curb edge (including some heritage trees). The
ordinance includes regulations for pruning and caring for street trees as well as
other guidelines to safeguard the health of street trees. No revisions to the street
tree ordinance are proposed at this time, however, a review of the master street tree
plan is proposed as a major goal for the Community Services Department in 1995-
96,
Heritage Tree Ordinance
The goal of the Heritage Tree Ordinance which was adopted in 1975 is to encourage
the preservation of large, mature trees within the public right-of-way as well as
within private property. Some of the reasons for protecting heritage trees include:
· Protecting the environment of the City and aiding in the reduction of air
pollution by protecting the known capacity of trees to produce oxygen and ingest
carbon dioxide, thereby contributing to the protection of air quality.
· Encouraging the continuance of quality building development and protecting
property values.
· Protecting and conserving the attractiveness and aesthetic and scenic beauty of
the City.
· Providing shade.
· Assisting in the absorption of rain waters into the ground, thereby protecting
against potential damage from soil erosion and flooding, as well as the reduction
of cost handling storm waters by artificial means,
Of all trees within the City, 22,000 are estimated to be of heritage tree size. Most of
these trees (14,740)2 are privately owned and maintained. The Heritage Tree Board's
review of the City's Heritage Tree Ordinance, revealed that the ordinance may not
provide the most advantageous method for preserving large trees within the
community. Implementation, management, and administration of the Ordinance
necessitates 18% of the Division's administrative staff time (1.2 FTE personnel). In
its present form, the Heritage Tree Ordinance does not provide a practical method
for meeting its objective of preserving heritage trees, Over a period of five years
2Estimate based on ratio comparison to the City's TreeKeeper inventory.
3
(1989-1993), applications were received requesting removal of 1,330 privately owned
heritage trees. Of these, approximately 90% of the trees were approved for removal
for reasons consistent with the conditions in the ordinance including dead or dying
trees, construction or property damage, etc. (Attachment #4, Table 3, Removal by
Category)
1989-1993 Tree Statistics
# of
Removal # of Trees # of Trees % of Trees
Year Applications # of Trees Approved * Denied Denied
1989 168 223 201 22 9.9
1990 161 212 187 25 11.8
1991 148 210 195 15 7,1
1992 161 330 296 22 6.7
1993 200 355 295 29 8,2
Totals 838 1,330 1,174 113 8.5
*Includes appeal decisions,
Heritage tree ordinance enforcement is often difficult as the majority of heritage
trees within the City are privately owned and are not easily inventoried. More than
60% of the total number of heritage trees within the city are in private backyards,
with limited public view, In some cases, staff is made aware of heritage tree
removal as a result of a citizen report, however, at this point it is often too late to
save the tree. With possible revisions to the ordinance, staff may be able to more
productively promote the preservation of heritage trees prominently located in the
public's view corridor. With less time spent administering the Heritage Tree
Ordinance, staff time and resources could be redirected to the development of
community support for the urban forest including a proactive customer service and
education program.
In many instances, the heritage tree appeals have become the focal point for
neighborhood discontent. The ordinance currently allows any person to appeal the
removal for any reason. Legitimate applications are sometimes appealed by
individuals who may not have a thorough understanding of the conditions
surrounding the requested removal of the tree. At times, the Heritage Tree Board is
required to mediate these neighborhood disputes. Between 1989 and 1993 the
number of appeals filed increased by an average of 25%.
4
Proposed Heritage Tree Ordinance Revisions
With some changes, the Heritage Tree Ordinance may be refined to more effectively
protect and enhance the City's tree resources. Following are the recommended
changes to the Heritage Tree Ordinance as proposed by the Heritage Tree Board.
1 Rename Heritage Tree Ordinance to Protection of Urban Forest.
2. Rename the Heritage Board to the Urban Forestry Board.
3. Add a section in the ordinance to designate all species of Qercus (oak), Sequoia
(redwood) and Cedrus (cedar) trees as heritage trees. These trees would be
protected throughout the City regardless of their location.
4. To standardize the ordinance, amend it to read "any heritage tree which has a
trunk or multi-trunks measuring forty-eight inches (48") in circumference
measured fifty-four inches (54") above natural grade". Multi stemmed trees will
be measured in accordance with accepted forestry standards, The entire
circumference of the largest branch measured at dbh (diameter at breast height)
adding 1/2 the value of any remaining branches for a total sum.
Currently, the ordinance reads as follows: A tree which has a trunk with a
circumference of (50) inches (approximately 16 inches in diameter) or more
measured at twenty four (24) inches above the natural grade.
5. Create specific categories of review, location of tree(s) to be reviewed, and new
parameters for the appeal process. It is anticipated that the new categories,
review locations and appeal process will reduce the overall number of trees in
the urban forest requiring review while still offering protection to quality large
trees. (Proposed changes are listed in chart form on attachment #5.)
6. Amend the ordinance so that appeal decisions by the Heritage Tree Board are
final and unless the condition of the tree changes dramatically (i.e. decline in
health, structural damage, change in ownership), further action will not be
allowed for a period of two years from the date of the Urban Forestry Board's
decision.
7. Introduce an in-lieu fee and create an Urban Forestry Fund where fees would be
collected in lieu of the tree replanting requirement. All non-commercial
heritage tree removals will require replacement trees on a one-for-one basis. If
the applicant does not have space to plant the tree or does not desire a new tree,
the applicant may choose to pay an in-lieu fee. Suggested fees would be $100 for a
15 gallon tree, $250 for a 24" box tree and $350 for a 36" box tree, The fees would
be used to aid in reforestation. At this time, 24" and 36" box trees are typically
specified as replacements for illegally removed trees.
5
8. Introduce a penalty section incorporating the posting of bonds to insure that
there is a security deposit available until the required replacement trees are
planted and become established (approximately one year after planting) and to
compensate for the loss of trees due to multiple violations of the Heritage Tree
Ordinance.
9. Require individual applications for each tree, however, no application fees are
recommended,
10. Increase the appeal application from $15 to $25. The fee would be deposited in
the proposed Urban Forestry Fund (Attachment #7). The Urban Forestry Board
would be responsible for annual review of the fee schedule.
11, Approved permits will be valid for 180 days after issuance, When the permit
expires, a new application must be filed. Permits issued before the adoption of
the amended ordinance would not expire.
The proposed revisions to the Heritage Tree Ordinance are intended to establish
more efficient and effective categories for reviewing tree removal applications and
appeals, develop clear and concise application/removal criteria for the public, and
strengthen the City's ability to enforce the ordinance.
SUMMARY
There are no direct fiscal impacts as a result of the proposed revisions to the
Heritage Tree Ordinance. Revision to the Ordinance would allow for a more
balanced approach, enabling staff time and resources to be redirected to other areas
of the Urban Forestry Management Program.
The Urban Forestry Management Program reinforces the City's commitment to its
urban forest and provides a framework for implementing a revised heritage tree
ordinance. The purpose of the Program is to develop and maintain a safe and
healthy tree population and minimize the City's liability within rights-of-ways,
parks and public facilities so that residents of Mountain View may enjoy the
benefits.
6
Prepared by:
Approved by:
~~
I)~c~
~
Charles Gibson
Parks Manager
David A. Muela
Community Services Director
/1i~O~
Nadine Levin
Assistant City Manager
J.~
Kevin C. Duggan
City Manager
Attachments:
1 - Heritage Tree Comparison of all (100,000) Mountain View Trees
2 - Comparison of 33,000 City-Owned Trees by Size
3 - Urban Forestry Activity (Existing & Proposed)
4 - Program Costs, Tree Statistics, Removal by Category
5 - Tree Removal - Proposed Categories of Review & Appeal Process
6 - Heritage Tree Ordinance Survey
7
A TT ACHMENT # 1
HERITAGE TREE COMPARISON OF
ALL (100,000) MOUNTAIN VIEW TREES
"",,- -------
'-,
',,'---------
----------
~
13%_~1
Prj.v~
/~ed Trees ''\
, \
I
59% //
_--- I
-- --------///
--------
///
~-~--
-----~-
-_...--
53%
,I
I
{
l
\ Under (;" di
I~
\ --~
\
\
"-
"
",,-
.........................~
--......----
A TT ACHMENT #2
Comparison of 33,000 City-
Owned Trees By Size
Heritage Trees
13%
~/--
~..-//
/~/
----
----------
/ /-/1
//
\
6"-12" di
--~-
-------------------/-
--"------
A TT ACHMENT #3
EXISTING URBAN FORESTRY ACTIVITY
Hentage Tree
Ordinance
Data Base
Management &
Admin.
Customer ServO
:;?~
6'1"'" /1
'~'''- ~~ )
~~/
Mamtenance
P R.jEducatlOn
PROPOSED URBAN FORESTRY ACTIVITY
Hentage Tree
Ordinance
Data Base
Management &
Admin.
" ~:~:~~J
P R IEducahon I V -~
r5%{~ / ~% d
---~~
Maintenance
Customer Service
ATTACHMENT #4
Table 1- Proeram Costs
eAverage aggregate time/cost per permit 5.75 hours/$300
e Average aggregate time / cost per appeals 8.50 hours / $430
eAverage aggregate time/cost of permit with appeal 14.25 hours/$730
(This information originated from the June 1991 David M. ,Griffith Fee Study.)
Year
1989
1990
1991
1992
1993
Totals
Average
$/Hours
50,400/966
48,380/926
44,400/851
48,300/926
60.000/1150
$251,480/4,819
$50,296/964
# Permits
168
161
148
161
200
838
168
#Appeals
9
11
9
8
13
50
10
$/Hours
3,870/77
4,730/94
3,870/77
3,440/68
5.590/111
$21,500/427
$4,300/85
Table II - Tree Statistics
TOTAL$/Hours
54,270/1043
53,030/1020
48,270/928
51,740/994
65.590/1261
$272,900/5,246
$54,580/1,049
# of # of # of Trees # of Trees % of Trees
Year Permits Trees Approved* Denied * Denied
1989 168 223 201 22 9.9
1990 161 212 187 25 11.8
1991 148 210 195 15 7,1
1992 161 330 296 22 6.7
1993 200 355 295 29 8.2
Totals 838 1330 1174 113 43.7
Average 168 266 235 23 8.7
*lncludes appeal decisions.
Table ill - Removal bv Cateeorv*
Year
1989
1990
1991
1992
1993
Dead/
Dying
48
43
50
101
68
Damage to
Property /Health/
Utility /Interference
95
105
95
97
116
Construction
50
30
43
89
98
Miscellaneous
1
2
2
3
13
Total
194
180
190
290
295
*Does not include appeal decisions.
ATTACHMENT#5
TREE REMOVAL
PROPOSED CATEGORIES OF REVIEW & APPEAL PROCESS
DwellinR Type Definition Area of Review Who can Appeal
Single Home Single home on single lot. Review protected trees Property owner or
only regardless of location. designated legal
Heritage trees will not be representative,
reviewed.
Multi-Family Duplex, triplex, apartment, etc. Review all protected and Property owner or
heritage trees regardless of designated legal
location. representative.
Common Area Living unit (e.g, condo, townhome, Review protected trees Organization
mobile home, P.D.D.) separately only regardless of location. governing complex.
owned. Situated on ground or Heritage trees will not be
recreation area independently owned reviewed.
and maintained and/or controlled by
some form of association. Review all protected and
heritage trees regardless of
location. *
Non-Residential Non-residential existing building Review of both heritage Any Mountain View
and/or land use, and protected trees resident.
regardless of location.
Comments A section would also be added to the ordinance stating any appeal decision is final; and, unless the
condition of the tree changes dramatically (I.e. Decline in health, structural damage, change in
ownership), further action would not be allowed for a period of two years from the Proposed Urban
Forestry Board's decision.
* After discussion with the Planning and Public Works Departments, staff is recommending reVlew of all protected
and heritage trees regardless of location.
ATTACHMENT #6
Heritage Tree Ordinance Survey
Mountain San Jose Palo Alto Redwood City Los Gatos Sunnyvale San Mateo
View
Does your city Yes Yes No, working on Yes - private Yes Yes Yes - separate
have a tree it. trees only ordinances for
protection street trees &
ordinance? heritage trees
Which city Parks Dept. of Street Public Works General Services Parks Planning, Parks
department is Trees & Parks - Director or
responsible for street trees Community
implementation Development
and enforcement of Planning -
the tree private trees.
ordinance?
Is there a posting 10 working 15 days n/a No Only in public No All surrounding
period for trees days right-of-way. dwellers are
approved for notified by
removal? letter.
Are there any Up to $500 Proposed: n/a $500 or 6 month Yes Up to $50,000 At discretion of
penalties fine, 6 6" - $600; sentence For private Arborist
associated with months in 6" -12" - $700 replant required trees, value is
unlawful removal jail or both may request assessed per Ranges from
of a protected value of lost tree. ISA standards. $300 to $600.
tree? If so, what is
the fine or
penalty?
Mountain San Jose Palo Alto Redwood City Los Gatos Sunnyvale San Mateo
View
Who is responsible Parks Div, Ci tizen Public Works City trims City maintains City City maintains
for regular street trees; public trees. maintains public trees.
maintenance of trees in public
protected trees and Ci tizen ROW,
lor street trees? maintains landscape and
Protected private parks.
trees.
Under what Heritage Private trees nla Private tree over Any tree on a If tree is See material to
circumstances does Trees over 18", 4 ft. 38" circum. single family designated of be sent
your city's tree from ground. measured within lot which is 12" cultural or
ordinance include 6" to 36" above in diameter 3 ft. heritage
trees on private ground (largest from ground. significance by
property? part within that City Council;
area). In any tree 12" or
comparison with greater 4 ft off
Mtn. View's ground.
DBH it would be
10-11" .
What is the size 100,000 trees 1.1 million 40,000 City Street trees and Public - 16,000 Street trees: Don't know
of your urban trees Parks: 46,000 Parks - 4,000 34,000
forest? Foothills 4 to Parks:
5,000
(approximate)
Mountain San Jose Palo Alto Redwood City Los Gatos Sunnyvale San Mateo
View
Under what 1) Condition If private, n/a Reasons are Required to Dead, Dead, diseased
conditions can a of tree, permit needed similar to ours. have permit; diseased, or
property owner utility from Plan. if If a solution is if tr is causing hazardous are dying; arborists
remove a protected service tree is above possible, tree is struct damage, most common; discretion to
tree? interference; 18" 4 ft up. not approved. diseased, economic enjoy. make
2) Con- Plan. does not dying, of re- of prop., other exceptions
struction, go out to view stricted size, structural such as
economic or unless problem dead, planted damage if structural
other & then may use inappropriate- proven; damage.
enjoyment of Arb. fr DSTP. ly, etc. health of
property Cit. comes into citizen if
3) Topo- Plan. to apply proven.
graphy of with pictures.
land Street tree per.
4) #, size, is needed to
species, trim or remove
location, from Dept. of
general St. Tr. & Parks.
welfare of Takes about 3
City weeks. Dept.
5) Good Views tree
forestry and takes pies.
practices, #
of healthy
trees on land
What is the $600,000 - $1. 7 million $950,000 $569,637 $275,000 Street trees $406,367
approximate operating only:
budget, including budget 12 field staff $1,128,355.56
contractual $82,000 1 arborist
dollars, and contractual 1 coordinator
staffing level of services
your urban forestry
management
program?
CHAPTER 32
TREES, SHRUBS AND PLANTS
Sections:
ARTICLE I. GENERAL.
Sec. 32.1. Short title.
Sec. 32.2. Definitions.
Sec. 32.3. Director of parks and
recreation-Authority to
enforce chapter; powers
and duties generally.
Sec. 32.4. Same-Preparation of
master street tree plan;
contents; where filerl.
Sec. 32.5. Same-To decide in
request for planting; items
to be considered.
Sec. 32.6. Same-Issuance of
permits; conditions; term.
Sec. 32.7. Same-Interference with
prohibiterl.
Sec. 32.8. Same-Inspection of street
trees, etc., to determine
hazard to general public.
Sec. 32.9. Damage to street trees or
shrubs prohibited.
Sec. 32.10. Attachment of wire, rope,
signs, etc., unlawful.
Sec. 32.11. Protection to be provided
during building operations.
Sec. 32.12. Trimming or removal of
hazardous tr~s, shrubs,
etc.
Sec. 32.13. Same-Trees, shrubs, etc.,
on private property; notice;
hearing.
Sec. 32.14. Liability for haz.:1rds on
private property.
Sec. 32.15. Responsibility for watering
street trees and shrubs
abutting private property.
Sec. 32.16. Public nuisances-
Enumerated.
Sec. 32.17.
Sec. 32.18.
Sec. 32.19.
Sec. 32.20.
Sec. 32.21.
SEe. 32.1
Same-Abatement by
property owner.
Same-Abatement by
city-Procedure generally.
Same-Same-Notice to
property owner; mailing
and posting of notice.
Unlawful to damage, etc.,
str~t tree or shrub without
permit.
Remedies not exclusive.
ARTICLE II. PRESERVATION OF
HERITAGE TREES.
Sec. 32.22.
Sec. 32.23.
Sec. 32.24.
Sec. 32.25.
Sec. 32.26.
Sec. 32.27.
Sec. 32.28.
Sec. 32.29.
Sec. 32.30.
Definitions.
Council designation of
heritage trees.
Permit required to remove
or destroy trees.
Application for and
granting of tree removal
permits.
Emergencies.
Preservation and
maintenance of existing
heritage trees.
Building permits.
Notice of action on permit
and appeals.
Heritage tree board.
-For state law as to Tree Planting .l,.ct of1931. see SlS. & H. C. A.
Sec. :!2000 to :!2:!02. ~e :LIsa. Sts. & H.. C. A.. Sec. 5i01. For
authonty ofcltY to spend funds for planting sh::ttie t~. see Gov.
C. ~. S~. -W401. As to injunng shade or omame:ttal trees or
plants. see Pen. c.. Sc:c. 62:!A.
As to piclang flowers in parks.. etc.. see S~. 21.19 of this Code.
ARTICLE 1. GENERAL.
SEe. 32.1. Short title.
This chapter shall be known and cited as the
"Tree Regulations of the City of Mountain
View." (Ord. No. 175.659,4/10/61.)
455
SEe. 32.2
SEe. 32.2. DefInitions.
For the purpose of this chapter, the following
terms, words, phrases and their derivations shall
have the meanings ascribed to them in this sec~
tion:
Director of parks and recreation. "Director of
parks and recreation" shall mean the director of
parks and recreation of the city or his authorized
agents, assistants or deputies.
Official street trees. "Official street trees" are
those trees or shrubs adopted by the parks and
recreation commission as a part of the master
street tree plan.
Owner. "Owner" shall mean the owner of a fee
simple title of the property on which a street tree
is planted.
Parkway strip. "Parkway strip" shall mean
that portion of a public street between the curb
and the sidewalk or the sidewalk and the prop-
erty line or that portion of the public right-of-way
which is not designed or used for vehicular or
pedestrian travel.
Street. "Street" shall include every way main-
tained by a public agency and set apart for public
travel or use in the city, including the entire
planting strip, sidewalk area, easements and
rights-of-way.
Street tree. "Street tree" includes any tree or
shrub, by whomever owned or planted. in a street
or public place, as defined in this section.
Unofficial street trees. "Unofficial street
trees" are all street trees or shrubs which are not
on the current master street tree plan. (Ord. No.
175.659, 4/10/61.)
SEe. 32.3. Director of parks and
recreation-Authority to
enforce chapter; powers and
duties gener.illy.
a. The director of parks and recreation is
charged ...vith the enforcement oftbis chapter and
the performance of municipal functions as
herein established.
b. The director of parks and recreation shall
have the authority to plant, trim, spray, preserve
and remove street trees and shrubs an~ ,~.:"::..ssy
areas to insure safety or preserve the symmetry
and beauty of streets and public places.
c. The director of parks and recreation shall
have the authority to supervise all work done
under a permit issued in accordance with the
terms of this chapter.
d. The director of parks and recreation shall
bave the authority to affix reasonable conditions
to the granting of a permit hereunder and to
require that applications for permits contain
such information as he shall find reasonably nec-
essary to a fair determination of whether a permit
should be issued.
e. The director of parks and recreation shall
issue any permit provided for in this chapter
when he finds that the desired action or treat-
ment is necessary and that the proposed method
and workmanship are satisfactory. (Ord. No.
175.659,4/10/61.)
SEe. 32A. Same-Preparation of master
str~t tree plan.; contents;
where file~L
A master street tree plan shall be established.
which master street tree plan shall designate the
type. form and location of all street trees and
shrubs in the city. The master street tree plan
shall be prepared by the director of parks and
recre3.tion for consideration and adoption by the
parks and recreation commission. Such master
street tree plan may from time to time be"._
changed, modified, altered and amended by the
parks and recreation commission. A copy of the
master street tree plan shall be kept on filejn the
office of the city clerk. (Ord. No. 175.659,
4/10/6 L)
SEe. 32.5. Same-To decide in request
for planting; items to be
considered.
Any owner of property fronting on any street
or public place may request the director of parks
and recreation to cause to be planted or located
on such street or public place the official street
456
trees designated by the master street tree plan.
The director of parks and recreation may cause
such trees or shrubs to be planted or located on
such street or public place.
In determining whether or not to proceed with
such work, the director of parks and recreation
shall consider the amount of money budgeted
and available for such purposes, the number and
scope of similar projects to be undertaken during
the fiscal year, and years following, the availabil-
ity and cost of such trees or shrubs and the
projected plan for planting such trees or shrubs as
a part of a larger project. The decision of the
director of parks and recreation shall be con-
clusive. (Ord. No. 175.659,4/10/61.)
SEe. 32.6. Same-Issuance of permits;
conditions; term.
No person shall CUt, trim, prune, plant, spray,
remove, injure* or interfere with any street tree
or shrub without the prior written permission of
the director of parks and recreation. The director
of parks and recreation may grant such permis-
sion in his discretion and. where necessary, con-
dition such permit upon the requirement that the
removed tree or shrub will be replaced by an
approved tree or shrub in conformity with the
master street tree plan and may impose such
other reasonable conditions as he may deem in
the public interest. No such permit shall be valid
for a longer period than thirty (30) days after its
date of issuance. (Ord. No. 175.659,4/1O/61.)
-For Slate law conc:rmng injury to trees and shrubs. see C C. See.
3346: C C P.. Sec. 733. 734; Pen. c.. Sec. 600. 622; Sts. K H. C. A..
Sec. 130.5.
SEe. 32.7. Same-Interference with
prohibited.
No person shall interfere with the director of
parks and recreation or persons acting under his
authority, while engaged in planting, mulching,
pruning, trimming, spraying, treating, removing
or otherwise treating any tree or shrub in any
street or public place or in the removal of any
SEe. 32.5
stone, cement or other substance from or about
the trunk of any tree or shrub in any street or
public place. (Ord. No. 175.659, 4/1O/61.)
SEe. 32.8. Same-Inspection of street
trees, ete., to determine
hazard to general public.
The director of parks and recreation may
inspect any street tree or shrub or any tree, shrub
or plant standing on any private property to
determine whether the same, or any portion
thereof, is in such condition as to constitute a
hazard or an impediment to the progress of anv
. .
person traveling on any street or public place and
for such purpose may enter upon any private
property at reasonable times and in a reasonable
manner. COrd. No. 175.659,4/10/61.)
SEe. 3:2.9. Damage to street trees or
shrubs prohibited.
No person shall:
a. Cause, authorize or permit any brine wate::-,
oil. liquid dye or other substance deleterious to
tree life to lie, leak, pour, flow or drip upon or
into the soil about the base of any street tree or
shrub nor on any sidewalk. road or pavement at :l
point from which such substances may. by lying
upon or by flowing, dripping or seeping into such
soil, injure such tree or shrub, nor to otherwise
harm or kill any such tree or shrub.
b. Place or maintain any stone, cement or
other substance so that it shall impede the free
access of water or air to the roots of any tree or
shrub. without prior written approval of the
director of parks and recreation.
c. Build any fire or station any engine in any
place in such a manner that the heat, vapors or
fumes therefrom may injure any street trees or
shrubs.
d. Permit any leak to exist in any gas pipe or
main which may result in damage to any street
tree or shrub. (Ord. No. 175.659,4/10/61.)
457
SEe. 32.10
SEe. 32.10. Att.:lehment of wire, rope,
signs, ete.., unlawfuL
No person shall place, apply, attach or keep
attached to any street tree or shrub or to a guard
or stake intended for the protection thereof any
wire, rope, sign, paint or any other substance,
structure, thing or device of any kind or nature
whatsoever. (Ord. No. 175.659,4/10/61.)
SEe. 32.11. Protection to be provided
during building operations.
During the erection, repair, alteration or
removal of any building, house or structure in
the city, the person in charge of such work shall
provide good and sufficient guards and protec-
tive measures as shall prevent injury to any sueet
tree or shrub in the vicinity of such work, arising
out of or by reason of such erection, repair,
alteration or removal. (Ord. No. 175.659,
4/10/61.)
SEe. 32.1:2. Trimming or removal of
hazardous trees. shrubs, etc.
If, in the opinion of the director of parks and
recreation, any tree, shrub or plant is hazardous
to the traveling public or creates a hazard by
impairing vision thereof or impedes the progress
ofme public on any street orpublic place, he may
cause the same, or so much thereof as in his
opinion is reasonably required so as to remedy
such condition, to be trimmed or removed. (Ord.
No. 175.659, 4/1O/6L)
SEe. 32.13. Same-Trees, shrubs, ete., on
private property; notice;
hearing. .
a. The director of parks and recreation shall
not trim or remove any tree, shrub or plant on
private property except in the event of extreme
urgency and imminent danger to persons or
property, unless the owner or person shown as
the owner upon the last equalized ta.'t assessment
roll, has been given notice of intent to do so. Such
a notice shall be given by registered or certified
mail, addressed to such owner at his last known
address or at the address shown upon the last
equalized tax assessment roll. A copy of such
notice shall also be posted on the premises or in
front thereo[
b. If the owner or occupant of the property
shall, within ten (10) days, file wrinen objection
to such trimming or removal with the director of
parks and recreation, such officer shall give such
owner or occupant a reasonable opportunity to
be heard in support of such objection before such
trimming or cutting shall be performed. Such
cutting or trimming shall thereafter be done only
by wrinen order of the director of parks and
recreation, and the objector shall have three
days' notice of such order before such work is
commenced. If the objector shall, \Vithin such
three (3) day period, file a wrirren appeal from
such order with the parks and recreation com-
mission, the proposed work shall not be done
until the matter has been determined by the
parks and recreation commission and, in the
event of an appeal therefrom to the city council.
filed within three (3) days of such determination
in open meeting, until the maner has been finally
determined by the city council. (Ord. No.
175.659,4/1O/6L)
SEe. 32.14. Liability for hazards on
private property.
Nothing contained. in Sec. 32.11 to 32.13 of
this chapter shall be deemed to impose any lia-
bility upon the city, its officers or employees, nor _
to relieve the owner of any private property from
the duty to keep any tree, shrub or plant upon his
property or under his control in such a condition
as to prevent it from constituting a hazar~ or an
impediment to travel or vision upon any street,
park, pleasure ground, boulevard.. alley or public
place within the city. (Ord. No. 175.659,
4/10/6 L)
SEe. 32.15. Responsibility for watering
street trees and shrubs
abutting private property.
Owners of private property shall be responsi-
ble for watering street trees and shrubs in streets,
458
parkways or other public places abutting such
private property. The city can or may water such
trees or shrubs at the discretion of the parks and
recreation department. (Ord. No. 175.659,
4/10/61; Ord. No. 11.71,4/12/71.)
SEe. 32.16. Public nuisances-
Enumerated.
The following are declared to be public nui-
sances:
a. Any dead, diseased, infested or dying trees
on public or private property so near to any street
as to constitute a danger to street trees or streets
or portions' thereof.
b. Any tree or shrub, or part thereof, which is
unsafe and constitutes a hazard to the life, health
or safety or property of the public or constitutes a
center of infection for disease or insects which
may endanger the health or life of other trees or
shrubs.
c. Any tree or shrub on any private or public
propeny which is of a type or species apt to
destroy, impair or otherwise interfere with any
street improvements, sidewalks, curbs, approved
street trees or other official street trees, gutters.
sewers, other public improvements including
utility mains. pipes or lines or their appurte-
nances.
d. Vines or climbing plants growing into or
over street trees, public hydrants, poles or elec-
troliers.
e. Existence of any tree on private or public
propeny within the city limits that is infested,
infected or in danger of becoming infested or
infected with objectionable insects, scales,
fungus or growth injurious to trees.
f. Thorny shrubs and plants or foliage of any
type which would tend to catch the clothing of a
pedestrian using the street or sidewalk.
g. Shrubs and plants more than twelve (12)
inches in height in any par~ay strip between the
curb and the sidewalk:, measured from the top of
the curb grade. (Ord. No. 175.659,4/10/61.)
SEe. 32.15
SEe. 32.17. Same-Abatement by
property owner.
It shall be the duty of the owner of the property
wherein or whereon any such nuisance exists to
abate such nuisance by destroying, removing or
trimming the growth by spraying or by other
usual means of abatement. (Ord. No. 175.659,
4/1O/61.)
SEe. 32.18. Same-Abatement by city-
Procedure generally.
a. If any property owner fails or refuses to
abate any nuisance as defined in Sec. 32.16
hereof, the city council may, after report and
request filed with the city council by the director
of parks and recreation, adopt a resolution
requiring such property owner to abate such nui-
sance by removal or destruction at his cost and
expense within time speciiied in the resolution. a
copy of which resolution sball be served on such
property owner personally or by registered or
certified mail; if the removal or destruction is not
made by such owner within the time specified.
the director of parks and recreation may forth-
with e::lter upon the premises whereon such nui-
sance exists and abate the same.
b. When the city has abated any such nui-
sance. the director of parks and recreation shall
promptly determine the cost thereof to the city.
and such costs, plus accrued interest at the rate of
six (6) percent per annum from the date of the
completion of the work, shall be paid by the
owner to the city within tb.irty (30) days of com-
pletion.
c. Where the full amount so due jhe city is not
paid by such owner within such thirty (30) days
after completion, then, and in that case, the
director of parks and recreation shall cause to be
filed in the office of the county auditor a sworn
statement showing the cost and expense incurred
for the work. the date the work was done and the
location of the property on which such work was
done. The recordation of such sworn statement
shall constitute a lien and privilege on the prop-
erty and shall remain in full force and effect for
459
-=-
SEe. 32.18
the amount due in principal and interest, plus
costs of court, if any, for collection until final
payment has been made. Such costs and
expenses shall be collected in the manner fixed
by law for the collection of taxes and, further,
shall be subject to the delinquent penalty of ten
(10) percent in the event same is not paid in full
on or before the date the tax bill upon which such
charge appears become delinquent. Sworn state-
ments filed in accordance with the provisions
thereof shall be prima facie evidence that all legal
formalities have been complied with and that the
work has been done properly and satisfactorily
and shall be full notice to every person concerned
that the amount of the statement, plus interest
and penalties, constitutes a charge against the
property designated or described in the state-
ment and that the same is due and collectible as
provided by law. (Ord. No. 175.659,4/10/61.)
SEe. 32.19. Same-Same-Notice to
property owner mailing and
posting of notice.
The resolunon me~tioned in Sec. 32.18.a shall
not be passed until the property owner is given at
least five (5) days' notice that a repon of the
director of parks and recreation and a request for
adoption of such resolution has been filed with
the city council. Such notice shall be given by the
director of parks and recreation by registered or
certified mail to the owner or the person shown
as the owner upon the last equalized ta'C assess-
ment roll; a copy of the nonce shall be posted
upon the property or in front thereof. The mail-
ing and posting shall be made at least five (5) days
before the resolution is adopted, and proof-
thereof shall be made by affidavit of the director
of parks and recreation filed with the city clerk.
(Ord. No. 175.659,4/10/61.)
SEe. 32.20. Unlawful to daIrnlge. ete.,
street tree or shrub without
permit.
a. Except to abate a nuisance as defined in
Sec. 32.16, or to perform official duties required
by this chapter, it shall be unlawful to damage,
destroy or mutilate any street tree or shrub with-
out a permit from the director of parks and recre-
ation so to do.
b. No person shall, without a permit from the
director of parks and recreation:
1. Pick the flowers or seeds of any street tree or
shrub; or
2. Dig in or otherwise disturb grass areas or
flower beds in public streets or places, or in any
way injure or otherwise impair the natural
beauty or usefulness of any such area. (Ord. No.
175.659,4/10/61.)
SEe. 32.21. Remedies Dot exclusive.
The remedies prescribed in this article are in
addinon to all other remedies provided or autho-
rized by law. (Ord. No. 175.659.4/10/61.)
ARTICLE n. PRESERVA nON OF
HERITAGE TREES.
SEe. 32.22. Definitions.
For the purposes of this chapter. the following
terms shall have the meaning ascribed to them in
this section:
City. ""City" means the City of Mountain
View, acting by and through its authorized repre-
sentatives.
Director of parks and recreation. "Director of
parks and recreation" means the director of
parks and recreation of the City of Mountain
View, or his designee.
Heritage tree. "Heritage tree" means anyone
of the following:
a. A tree which has a trunk with a circum-
ference of fifty (50) inches (approximately 16
inches in diameter) or more measured at twenty-
four (24) inches above natural grade.
b. A tree or grove of trees designated by reso-
lution of the city council to be of special histor-
ical value or of significant community benefit.
Owner. "Owner'~ means the owner of the real
property on which the tree is siruated as shown
on the most recent county assessor's roll.
460
Person. "Person" means individuals, firms,
associations and corporations, and agents,
employees or representatives thereof
Private property. "Private property" includes
all property not owned by the City of Mountain
View or any other public agency. (Ord. No. 4.75,
3/10/75.)
SEe. 32.23. Council designation of
heritage trees.
Prior to adoption of a resolution designating a
tree or grove of trees on private propeny to be
heritage trees as defined in Sec. 32.22.b, not less
than ten (10) days' written notice shall be given
personally or by certified mail to the owner. (Ord.
No. 4.75, 3/10/75.)
SEe. 32.24. Permit required to remove or
destroy tr~s.
No person shall cut down, destroy, remove or
move any heritage tre: growing on private prop-
erty within the city limits. or on any city-owned
property, without a permit except as herein pro-
vided. (Ord. No.4. 75, 3/10/75.)
SEe. 32.25. Application for and granting
of tree removal permits.
Any person desiring to cut down. destroy.
move or remove one or more heritage trees on
any private or city-owned propeny in the city
may apply in writing to the director of parks and
recreation. Said application shall contain the
number, species, size, and location of the tree or
trees involved, a brief statement of the reason for
the requested action. as well as any other perti-
nent information the director of parks and recre-
ation may require. Within fourteen (14) days of
receipt of the applic~tion, the director of parks
and recreation shall inspect the premises and tree
or trees, and shall issue a proposed decision
determining which, if any, trees may be cut
down, destroyed, moved or removed and setting
forth the conditions, ifany, to be imposed; pro-
vided, however, that failure to act within such
SEe. 32.22
time shall not be deemed approval. Such deter-
mination shall be based upon the following stan-
dards:
(a) The condition of the tree with respect to
disease, general health, damage, public nuisance,
danger of falling, proximity to existing or pro-
posed structures, and interference with utility
services; and whether or not the tree acts as host
for a plant which is parasitic to another species of
. tree which is in danger of being infested or exter-
minated by the parasite.
(b) The necessity of the requested action to
construct improvements or otherwise allow eco-
nomic or other enjoyment of the proli2eny.
(c) The topography of land and effect of the
requested action on erosion, soil retention, water
retention, and diversion or increased flow of sur-
face waters.
(d) The number, species. size and location of
existing trees in the area and the effect of the
requested action in terms of providing shade,
noise buffers. protection from wind damage. air
pollution, historic value, and scenic beauty upon
the health. safety, prosperity, historic values and
general welfare of the area and the city as a whole.
(e) Good forestry practices such as. but not
limited to, the number of healthy trees a given
parcel of land will support.
The director of parks and recreation may refer
the application to another department. commit-
tee, or person for report and recommendation.
Where appropriate, the director of parks and
recreation may also require the apI5licant. at his
own expense, to furnish a written report from an
independent tree expert acceptable to the direc-
tor of parks and recreation.
In his proposed decision on an application for
a permit, the director of parks and recreation
may attach reasonable conditions to insure com-
pliance with the content and purpose of this ordi-
nance such as, but not limited to, requiring
replacement of the tree or trees removed with
plantings acceptable to the director of parks and
46l
:::
SEe. 32.25
~
recreation. If a permit is to be denied or condi-
tions attached, the director of parks and recrea-
tion shall provide the applicant with a written
statement of the reasons for said denial or condi-
tions based upon the above standards.
The director of p~ks and recreation sball give
priority to those applications based upon danger
of disease, or hazard to person or property. (Ord.
No. 4.75, 3/10/75.)
SEe. 32.26. Emergencies.
a. In case of emergency caused. by the haz-
ardous or dangerous condition of a tree requiring
immediate action for the safety of life or prop-
erty, a tree maybe removed. upon the order of the
director of parks and recreation or any member
of the police or fire depanment without the
necessity of an application hereunde~.
b. Employees of the city may take such action
with regard to trees on ciry-owned prope:ry as
may be necessary to maintain the safety of city
operations and/or the safe conditions of cirv
property, without the necessity of applying for a
permit he:-eunder..
c. Public utilities subject to the jurisdiction of
the Public Utilities Commission of the State of
California may also take such action as may be
necessary to comply with the safety reguLations
of said commission and as may be ne<:essary to
maintain a safe operation of their fa~Jities with-
out the necessity of appLying for a permit here-
under.. (Orci. No. 4.75, 3/10/75.)
SEe. 32.27. Preservation and maintenance
of existing heritage trees.
a. \Vb.en proposed deveLopments encroach
into the dripline area of any heritage tree, special
construction to allow the roots to breathe and
obtain water, as determined by the director of
parks and recreation, may be required with
respect to any application for a building or zon-
ing permit.
b. The existing ground surface within four (4)
feet (measured horizontally) of the base of any
heritage tree shall not be cut, filled, compacted or
pared. Tree wells may be ~sed where advisable.
Excavation adjacent to any heritage tree shall not
be permitted where material damage to the root
system will result. (Ord. No.4. 75, 3/10/75.)
SEe. 32.28. Building permits.
When any building or zoning permit is applied
for pursuant to the Mountain View Ciry Code
and a proposed structure would require the cut-
ting doWD, destruction, moving or removal of a
heritage tree or trees, the official issuing said
permit shall take into consideration the provi-
sions of this ordinance in tbe granting or denying
of such permit, and where appropriate, the appli-
cant shall be required. to obtain a permit under
this chapter for the removal or destruction of any
heritage tree. (Ord. No. 4.75, 3/10;75.)
SEe. 32.29. Notice of action on permit
and appe:1ls.
Notice of the director of parks and recreation's
proposed decision on the application for such
permit shall be made by posting on the tree (or if
relating to a grove oftre~s. by posting upon one of
the trees) and by personal delivery or certified
mail to the owner and by personal delivery or
first class mail to any person who has filed with
the director of parks and recreation a written
request for such notice. which request includes
his mailing address. Any person aggrieved or
affected by such decision. including a member of
the city council or the heritage tree board, may
appeal the decision to the heritage tree board by
filing a wrinen notice of appeal \\-ith the city clerk
and paying an appe:1.l fee of tifreen (15) dollars
within ten (10) days. excluding Saturdays, Sun-
days and holidays, after the posting and mailing
of such notice. If no appeal is filed within such
time, the director of parks and recreation shall
promptly issue or deny such permit as indicated
in the foregoing notice of proposed decision. An
appeal shall automatically stay issuance or denial
of the permit until the appeal has been compLeted
and the heritage tree board has acted thereon. A
member of the city council or heritage tree board
462
.-
shall be exempt from the appeal fee when acting
in his official capacity. The heritage tree board
shall fix a time and place for hearing such appeal
and shall cause or direct the city clerk to give
notice thereof in writing to such person at least
five (5) days prior to the hearing by serving it
personally or by depositing it in the United States
mail, postage prepaid, addressed. to such person
at the address appearing in the notice of appeal.
The heritage tree board shall determine all ques-
tions raised on such appeal, and the decision of
the heritage tree board shall be final. The heritage
tree board shall render findings in support of its
decision. Said findings shall set forth the basis on
which the appeal has been determined. There
shall only be one set of findings for every appeal
heard by the heritage tree board. (Ord. No.4. 75,
3/10/75; Ord. No. 8.88, 4/16/88.)
SEe. 32.29
SEe. 32.30. Heritage tree board.
a. The heritage tree board of the City of
Mountain View is hereby created and shall con-
sist of the members of the parks and recreation
commISSIon.
b. The heritage tree board shall have the fol-
lowing powers and duties:
1. Act as decision making body for heritage
tree appeals in accordance with and as set forth in
Sec. 32.29 of this chapter.
2. Make recommendations to the city council
regarding modifications to the heritage tree ordi-
nance.
3. Assist in the planning of urban forest man-
agement for the city.
4. Assist in the enforcement of the heritage
tree ordinance. (Ord. No, 8.88, 4/26/88.)
463