Ord 156ORDINANCE NO. 156
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF POWAY
REGULATING THE PLANTING, TRIMMING
AND REMOVAL OF TREES AND SHRUBS
AND AMENDING CHAPTER 12.32 OF THE
POWAY MUNICIPAL CODE
WHEREAS, the City Council of the City of Poway is concerned over
the indiscriminate removal of trees and shrubs within the City; and
WHEREAS, the existing ordinance regulating planting, trimming, and
removal includes only trees and shrubs on public property; and
WHEREAS, the City Council is equally concerned with the planting,
trimming, and removal of mature trees on private property;
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of
Poway does hereby amend Chapter 12.32 of the Poway Municipal Code as
follows:
Chapter 12.32
Planting, and Removal of Trees and Shrubs
Sections:
I. PLANTING AND REMOVAL OF TREES
AND SHRUBS ON PUBLIC PROPERTY
12.32.010
12.32.020
12.32.030
12.32.040
12.32.050
12.32.060
Permit required.
Application for permit.
Issuance of permit -- Denial of permit.
Replacement of trees.
Appeal from decision.
Removal and trimming by City.
II. REMOVAL OF TREES ON PRIVATE PROPERTY
12.32.070
12.32.080
12.32.090
12.32.100
12.32.110
12.32.120
Permit required.
Application for permit.
Issuance of permit -- Denial of permit.
Replacement of trees.
Commercial, industrial, and residential development
projects.
Appeal for decision.
Ordinance No. 156
Page 2
I. PLANTING, TRIMMING, OR REMOVAL OF TREES
AND SHRUBS ON PUBLIC PROPERTY
12.32.010 Permit required. No person shall trim, break, deface,
destroy, burn or remove any tree, hedge, or large shrub growing or
any public property or public right-of-way unless authorized to dc
so in writing by the Director of Public Services and the Director
of Planning Services.
12.32.020 Application for permit. Any person desiring to remove
any tree, hedge, or large shrub from any public property or public
right-of-way shall file an application with the Director of Public
Services and the Director of Planning Services.
12.32.030 Issuance of permit -- Denial of permit. The Director o~
Public Services and the Director of Planning Services may issue a
written permit authorizing the removal of a specific tree(s),
hedge(s), or large shrub(s) on public property or a public right-
of-way subject to terms and conditions they deem appropriate or
they may deny such a permit. The decision to issue or deny the
permit and any terms and conditions of the permit shall be based
on the following criteria:
ae
The condition of the tree or shrub with respect to disease,
general health, damage, public nuisance, danger of falling,
proximity to existing or proposed structures and interface
with utility services, age or remaining life span and whether
or not the tree acts as host for a plant which is parasitic t¢
other species of trees which are in danger of being infested
or exterminated by the parasite.
The necessity of the requested action to construct
improvements, or allow economic or other enjoyment of the
property.
Co
The topography of the land and the effect of the requested
action on erosion, soil retention, water retention, and
diversion or increased flow of surface water.
Do
The number, species, size, and location of existing trees in
the area and the effect of the requested action in terms of
providing shade, protection from wind, air pollution
reduction, historic value and scenic beauty upon the health,
safety, aesthetics, and general welfare of 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.
Fe
Trees which are native to the Poway area shall be retained
unless their removal is absolutely necessary. These native
trees include Coast Live Oak (Ouercus agrifolia) , Holly Oak
(Ouercus ilex) and California Sycamore (Platanus racemosa).
Ordinance N0. 156
Page 3
12.32.040 Replacement of trees. Any person removing a live
tree(s) pursuant to a permit issued by the Director of Public
Services and the Director of Planning Services shall replace such
tree(s) on a one-for-one basis with a minimum size 24-inch box
specimen tree of a species and in a location approved by the
Directors of Public and Planning Services. Replacement trees
shall be one of the species on the approved street tree or slope
plant materials list contained within the City of Poway Guidelines
and Specifications for Landscape Development adopted February 1,
1983 or any subsequent revisions, or other types approved by the
City Landscape Architect. In the case of those species which are
native to the Poway area, the replacement tree(s) shall be the
same species as the tree to be removed. Where the native tree(s)
to be removed exceeds the size of a 72-inch box specimen
(approximately eight inches in diameter), two 48-inch box specimen
trees shall be used as replacements. These requirements may be
waived or modified by the Directors of Public and Planning
Services if they determine that the requirements impose an
unreasonable hardship.
12.32.050 Appeal from decision. Any decision of the Director of
Public Services and Director of Planning Services regarding this
chapter may be appealed to the City Council. Any appeal must be
filed within ten (10) days of the decision to issue or deny the
permit.
12.32.060 Removal or trimming by City. If the Director of Public
Services deems that the trimming, pruning or removal of any tree,
hedge or shrub within a City right-of-way is necessary for the
protection of the traveling public or public property, the
Director shall subject to the availability of funds, personnel and
equipment cause such tree, hedge or shrub to be trimmed, pruned or
removed to provide such protection. On application of any person
to whom there has been issued a permit to trim, prune or remove a
tree, hedge or shrub from a City right-of-way, the Director of
Public Services may trim, prune or remove such tree, hedge or
shrub described in such permit provided the cost thereof is paid
by the permittee and provided there shall first be deposited with
the Director of Public Services a sum determined to be the
estimated cost of such work. All such deposits shall be placed ir
a trust fund. Following completion of the work the Director of
Public Services shall determine the actual cost of the work and
transfer that portion of the deposit to the appropriate City fund
and return the balance to the depositor. Should the original
deposit be insufficient to cover the actual cost of the work the
permittee shall be liable to the City for the unpaid balance and
shall promptly pay such amount to the City upon demand of the
Director of Public Services.
Ordinance No. 156
Page 4
II. REMOVAL OF TREES ON PRIVATE PROPERTY
12.32.070 Permit required. No person shall remove or destroy
any tree(s) on private property which meet the following criteria
unless authorized to do so in writing by the Director of Public
Services and the Director of Planning Services:
ae
On single family and multi-family residential property, a
permit is required only for those trees which are native to
the Poway area. The native trees include Coast Live Oak
(Quercous agrifolia), Holly Oak (Ouercous ilex) and Californi~
Sycamore (Platanus racemosa).
On commercial and industrial property, a permit is required
for the removal of any living (greater than three inches in
diameter) trees.
12.32.080 Application for permit. Any person desiring to remove
any tree(s) on private property which meets the criteria specifie(
in 12.32.070 shall file an application with the Director of Publi(
Services and the Director of Planning Services.
12.32.090 Issuance of permit -- Denial of permit. The Director ot
Public Services and the Director of Planning Services may issue a
written permit authorizing the removal of a specific tree(s) on
private property subject to terms and conditions they deem
appropriate or they may deny such a permit. The decision to issu~
or deny the permit and any terms and conditions of the permit
shall be based on the following criteria:
ae
The condition of the tree with respect to disease, general
health, damage, public nuisance, danger of falling, proximity
to existing or proposed structures and interface with utility
services, age or remaining life span and whether or not the
tree acts as host for a plant which is parasitic to other
species of trees which are in danger of being infested or
exterminated by the parasite.
Be
The necessity of the requested action to construct
improvements, or allow economic or other enjoyment of the
property.
Ce
The topography of the land and the effect of the requested
action on erosion, soil retention, water retention, and
diversion or increased flow of surface water.
Ordinance No. 156
Page 5
De
The number, species, size, and location of existing trees in
the area and the effect of the requested action in terms of
providing shade, protection from wind, air pollution
reduction, historic value and scenic beauty upon the health,
safety, aesthetics, and general welfare of 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.
12.32.100 Replacement of Trees. Any person removing a live tree(s)
pursuant to a permit issued by the Director of Public Services and
the Director of Planning Services shall replace such tree(s) on a
one-for-one basis with a tree of the same size of a species and in a
location approved by the Directors of Public and Planning Services.
Where the tree(s) to be removed exceeds the size of a 72-inch box
specimen (approximately eight-inches in diameter), two 48-inch box
specimen trees shall be used as replacements. These requirements
may be waived or modified by the Directors of Public and Planning
Services if they determine that the requirements impose an
unreasonable hardship.
12.32.110 Commercial, manufacturing, and residential development
projects. For commercial, manufacturing, or residential projects
requiring City Council approval, existing on-site trees should be
retained wherever possible and should be trimmed and/or topped. A
Master Plan of the existing on-site trees should be provided to the
Planning Services Department prior to the issuance of building and
grading permits, to determine which trees should be retained. Any
dead, decaying, or potentially dangerous trees should be approved
for removal at the discretion of the Director of Planning Services
during review of the Master Plan of existing on-site trees. All
trees which are removed should be replaced on a one-for-one basis as
described in Section 12.32.100 and replacements should be one of the
species on the approved street tree or slope plant materials list
contained in the City of Poway Guidelines and Specifications for
Landscape Development adopted February 1, 1983, or any subsequent
revisions, or other types approved by the City Landscape Architect.
12.32.120 Appeal from decision. Any decision of the Director of
Public Services and Director of Planning Services regarding this
chapter may be appealed to the City Council. Any appeal must be
filed within ten (10) days of the decision to issue or deny the
permit.
Ordinance No. 156
Page 6
This Ordinance shall take effect and be enforced thirty (30) days after
the daate of its passage; and before the expiration of fifteen (15)
days after its passage, it shall be published once with the names and
members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council
of the City of Poway held the 19th day of February, 1985, and
thereafter PASSED AND ADOPTED at a regular meeting of said City Council
held the 26th day of February, 1985 by the following roll call vote:
AYES:
COUNCILMEMBERS: KRUSE, ORAVEC, SHEPARDSON, TARZY, EM}
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Robert t. Emery~r
Marjori9 '~K. Walsten, City Clerk