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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