Ord 521ORDINANCE NO. 521
AN ORDINANCE Of THE CITY Of POWAY, CALIFORNIA
REPEALING AND REPLACING CHAPTER 12.32 OF THE POWAY MUNICIPAL CODE
RELATING TO TREES, AND ADOPTING GENERALLY ACCEPTED
URBAN FORESTRY PRACTICES
WHEREAS, the City Council finds it necessary to repeal Chapter 12.32 of the
Poway Municipal Code in response to the establishment of Urban Forestry standards by
the California Department of Forestry and Fire Protection; and
WHEREAS, on March 21, 2000, a duly advertised public hearing was conducted in
accordance with Section 65853, et seq., of the California Government Code to consider
the proposed amendments and to provide interested parties the opportunity to address
such.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1.
The City Council finds that the proposed amendments to Chapter 12.32 of the
Poway Municipal Code are categorically exempt under Section 15308 of the California
Environmental Quality Act (CEQA).
Sections 12.32.010 -- 12.32.110 of Chapter 12.32 of the Poway Municipal Code are
hereby repealed.
Sections 12.32.010 - 12.32.220 of Chapter 12.32 of the Poway Municipal Code are
hereby adopted as follows:
I. GENERAL PROVISIONS AND DEFINITIONS
12.32.010 Title,
This Chapter shall be known as the "City of Poway Urban Forestry Ordinance."
12.32.020 Purpose and Intent.
This ordinance shall set forth all tree related policies, regulations, and generally accepted
standards necessary for planting, trimming, and removing trees on public property and
public rights-of-way. Additionally, this ordinance sets forth policies relating to trees native
to Poway and trees growing on industrial and commercial property. The provisions of the
ordinance are enacted to:
A. Ensure that the City of Poway will continue to realize the benefits provided by generally
accepted practices of urban forestry.
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Page 2
Clarify property owners' basic responsibilities to ensure that trees on public rights -of-
way are properly maintained and that trees native to the Poway area are not arbitrarily
removed.
Identify the Department of Public Services as the City Department responsible for the
care of public trees throughout Poway; identify the Director of Public Services as the
responsible City administrator for encroachment permits and public tree removal
permits; identify the Development Services Department as the City Department
responsible for private tree removal permit administration; and identify the Director of
Development Services responsible for code enforcement pertaining to private trees.
Maintain the practice of protecting native trees and heritage trees, by requiring
property owners to obtain the appropriate City permit from the Department of Public
Services or Department of Development Services prior to any removal of said types
of trees.
E. Maintain the maximum amount practical of tree cover on public parks and open space
lands within the City of Poway.
F. Maintain the City of Poway's commitment to generally accepted International Society
of Arboriculture practices and standards.
G. Maintain appropriate diversity of tree species and age classes to provide the
community with a stable and sustainable urban forest environment.
Establish a Poway Tree Committee to hear appeals, make recommendations
regarding tree maintenance and landscaping decisions, promote generally accepted
International Society of Arboriculture practices and standards within the Poway
community, and establish and implement procedures for identifying and designating
heritage trees in Poway.
I. Maintain the practice of managing trees on public rights-of-way in a manner that does
not damage, obstruct, or interfere with public improvements.
J. Manage the planting of trees on public rights-of-way on residentially classified streets.
K. Maintain the practice of requiring tree removal permits for the removal of trees on
public rights-of-way.
12.32.030 Findings.
Information and reports received by the Poway City Council indicate that an urban forestry
ordinance acts as a guideline and standard to ensure City staff and City residents
implement generally accepted International Society of ^rboriculture practices and
standards. These practices will sustain, preserve, and enhance the aesthetic qualities
Ordinance No. 521
Page 3
found within the Poway community. Moreover, it has been concluded that healthy and
grewing trees provide shelter and sustenance for indigenous wildlife. Reseamh has shown
that air pollution and its unhealthful effects upon residents and fauna are mitigated when
there are abundant urban trees. The City Council finds that the preservation of native trees
is especially important in the prectice of urban forestry. Additionally, the City Council finds
that trees having historic or cultural significance in Poway shall be protected.
12.32.040 Definitions,
Words and phrases in the Chapter shall have the common and usual meaning except as
they may be defined below or elsewhere in the Municipal Code.
"Heritage Tree" shall mean any mature tree or mature stand of trees designated by the City
Council as having historic or culturel significance.
"Native tree" shall mean any tree of the following species: Coast Live Oak [Quercus
agrifolia], Canyon Live Oak [Quercus chrysolepis], Englemann Oak [Quercus engelmannii],
and California Sycamore [Platanus racemosa].
"Private trees" shall mean both trees whose trunks are located upon privately owned
property and trees planted by property owners on public rights-of-way.
"Public trees" shall mean both trees growing on publicly owned property and trees planted
by the City growing on public rights-of-way.
"Street classification" shall mean the name attributed with a set of street and road
charecteristics listed in the Roadways Element of the "Poway General Plan, 1991 ."
"Shrubs" shall mean a bush or a plant more than twelve (12) inches but not more than six
(6) feet tall.
"Topping" shall mean the severe cutting back of limbs to stubs larger than three inches in
diameter, within the tree's crown, to such a degree as to remove the tree's natural canopy
and/or severely disfigure the tree's appearence.
"Tree" or "Trees" shall mean any individual or group of self-supporting woody perennial
plant or plants growing with a single or multi-stemmed trunk supporting a crown of
branches.
"Tree Committee" shall mean a body consisting of three (3) at-large members appointed
by the City Council and two (2) City staff members charged with the duties identified in
Section 12.32.190.
"Trees growing on public property" shall mean trees whose trunks are located in whole or
in part on property owned by the City or any other public agency.
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"Trees growing on public rights-of-way" shall mean trees whose trunks are located in whole
or in part on property in which the City owns an interest for purposes of vehicular,
pedestrian, equestrian, or City utility use.
II.PLANTING, TRIMMING, OR REMOVAL OF TREES ON PUBLIC PROPERTY OR ON
PUBLIC RIGHTS-OF-WAY
12.32.050 Destruction of public trees prohibited.
No person shall break, deface, destroy, or burn public trees.
12.32.060 Interference prohibited.
No person, firm, or corporation shall interfere with the Director of Public Services or
persons acting under his/her authority while engaged in trimming, planting, mulching,
pruning, or removing a public tree or any tree growing on public right-of-way within the City
of Poway.
12.32.070 Topping of public trees is prohibited.
The topping of public trees is prohibited, unless the failure to top a tree poses a threat to
public safety.
12.32.080 Annual spring pruning of public trees is prohibited.
No person shall annually prune public trees from March 15 until June 15 of any given year
to protect bird species during the bird mating season.
12.32.090 Tree planting standards.
All trees planted on public property and on public rights-of-way shall be planted in
accordance with the tree planting standards defined in the adopted "City of Poway
Guidelines to Landscape Requirements." The tree must be planted at a location approved
by the Director of Public Services, or his/her designee.
12.32,100 Tree planting encroachment permit.
The Director of Public Services, in cooperation with the Director of Development Services,
shall administer the City of Poway's encroachment permits for trees. A property owner
must obtain an encroachment permit to plant a tree on a public right-of-way or City
easement. The Director of Development Services is responsible for encroachment permit
record keeping.
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The Director of Development Services is responsible for encroachment permit record
keeping.
12.32.110 Tree removal permit,
The Director of Public Services, in cooperation with the Director of Development Services,
shall administer the City's tree removal permit program for trees growing on public property
and trees growing on public rights-of-way.
No person, including the City, shall remove a public tree or a tree growing on public right-
of-way without first obtaining a tree removal permit issued by the Director of Public
Services or his/her designee. The City shall notify the adjoining property owner and
occupant 10 days prior to the removal of a tree within the public right-of-way on classified
residential streets. The tree removal permit authorizing the removal of a specific tree on
public property or on public right-of-way shall be subject to terms and conditions deemed
appropriate by the Director of Public Services or his/her designee. The Director of Public
Services shall review each tree removal permit application and make a recommendation
as to whether the permit shall be issued or denied. The Director of Development Services
is responsible for tree removal permit record keeping.
The decision to issue or deny the permit and any terms and conditions of the permit shall
be based on the following criteria:
The condition of the tree with respect to disease, general health, damage, public
nuisance, danger of falling, proximity to existing or proposed structures and
interference 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;
B. The necessity of the requested action to construct improvements, or allow
economic or other enjoyment of the property;
C. 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;
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 or cultural value, and scenic beauty upon the health,
safety, aesthetics, and general welfare of the City as a whole;
Generally accepted International Society of Arboriculture practices addressing
topics such as, but not limited to, the number of healthy trees a given parcel of
land will support;
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Page 6
12.32.120 A~3_oeal of ~3ermit decision.
Any action by the Director of Public Services may be appealed to the Poway Tree
Committee. To be effective, an appeal shall be filed within thirty (30) working days after
the decision of the Director. The appeal shall be in writing and filed with the Public
Services Department. The appeal must clearly specify the reason(s) for which the appeal
is requested. The Poway Tree Committee shall have thirty (30) working days to render a
decision.
12.32.130 Replacement of trees.
Any person removing a tree from public property or public right-of-way pursuant to a tree
removal permit issued by the Director of Public Services or his/her designee may be
eligible for reimbursement of a portion of the cost of a replacement tree through the Poway
Tree Trust Fund. Replacement trees shall be one of the species on the approved street
trees or slope plant materials list contained within the adopted "City of Poway Guidelines
for Landscape Requirements." A property owner must obtain an encroachment permit to
plant a replacement tree on public right-of-way.
Any person removing a native tree from public property or on public right-of-way pursuant
to a tree removal permit issued by the Director of Public Services or his/her designee shall
replace such tree on a one-for-one basis with a minimum size 24-inch box specimen tree
of the same species as the tree removed. The replacement tree shall be planted at a
location approved by the Director of Public Services. VVhere the native tree to be removed
exceeds the size of a seventy-two-inch-box specimen (approximately eight inches in
diameter), two forty-eight-inch-box specimen trees shall be used as replacements. These
requirements may be waived or modified by the Director of Public Services, if determined
that the requirements impose an unreasonable hardship. A portion of the cost of the
replacement trees may be reimbursed through the Poway Tree Trust Fund.
12.32.140 Property owner's tree care responsibilities for trees on public rights-of-way.
Property owners having trees or shrubs growing on public rights-of-way shall maintain
these trees and shrubs to a reasonable standard of care. Reasonable care ensures that
trees and shrubs growing on public rights-of-way do not block pedestrian visibility; do not
obstruct street clearance requirements; do not obstruct sidewalk clearance requirements;
do not obstruct traffic signals or signs; do not grow into overhead utility lines; and do not
allow tree root structures to undermine sidewalks, curbs, gutters, adjacent roadways, and
underground utilities such as water and sewer lines.
When necessary, residents shall be notified to exercise reasonable tree and landscaping
care on public rights-of-way by the Director of Public Services or his/her designee; the
affected homeowner shall comply with the order within thirty (30) calendar days of notice.
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Page 7
The cost of this required tree trimming shall be that of the homeowner. If the homeowner
does not comply, the City will follow the abatement procedures as defined in Chapter 8.72,
"Nuisance Abatement Procedure."
IIIREMOVAL OF TREES ON PRIVATE PROPERTY
12.32.150 Private tree removal permit.
The Director of Development Services shall maintain the City of Poway's private tree
removal permit records and issue such permits.
A property owner shall first obtain a private tree removal permit authorizing the removal of
a private tree that is a native tree or a heritage tree subject to terms and conditions
deemed appropriate by the Director of Development Services or his/her designee. On
commercial and industrial property, a permit shall be required for the removal of any living
tree greater than three inches in diameter.
Applicants shall be expected to replace these types of trees in accordance with Section
12.32.170 - "Replacement of Trees." The Director of Development Services, or his/her
designee shall review each private tree removal permit application and make a
recommendation as to whether the permit shall be issued or denied. The decision to issue
or deny the permit and any terms and conditions of the permit shall be based on the
following criteria:
The condition of the tree with respect to disease, general health, damage, public
nuisance, danger of falling, proximity to existing or proposed structures and
interference 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;
B. The necessity of the requested action to construct improvements, or allow
economic or other enjoyment of the property;
C. 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;
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 or cultural value, and scenic beauty upon the health,
safety, aesthetics, and general welfare of the City as a whole;
Generally accepted International Society of Arboriculture practices addressing
topics such as, but not limited to, the number of healthy trees a given parcel of land
will support;
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Page 8
F. Native trees shall be retained unless their removal is absolutely necessary.
12.32.160 Appeal of permit decision.
Any action by the Director of Development Services may be appealed to the Poway Tree
Committee. To be effective, an appeal must be filed within thirty (30) working days after
the decision of the Director. The appeal must be in writing and be filed with the Public
Service Department. The appeal shall clearly specify the reason(s) for which the appeal
is requested. The Poway Committee shall have thirty (30) working days to render a
decision.
12.32.170 Replacement of trees.
Any person removing a live tree pursuant to a permit issued by the Director of
Development Services or his/her designee shall replace such tree on a one-for-one basis
with a tree of the same size of a species and in a location approved by the Director of
Development Services or his/her designee. Where the tree to be removed exceeds the
size of a seventy-two-inch-box specimen (approximately eight inches in diameter), two
forty-eight-inch box specimen trees shall be used as replacements. These requirements
may be waived or modified by the Director of Development Services if determined that the
requirements impose an unreasonable hardship.
12.32.180 Commercial. industrial, and residential development projects.
For commercial, industrial, or residential projects requiring City approval, existing on-site
trees shall be retained wherever possible and shall be trimmed and maintained in
accordance with the adopted "City of Poway Guidelines to Landscape Requirements." A
master plan of the existing on-site trees shall be provided to the Development Services
Department prior to the issuance of building and grading permits, to determine which trees
shall be retained. Any dead, decaying, or potentially dangerous trees shall be approved
for removal at the discretion of the Director of Development Services during review of the
master plan of existing on-site trees. All trees that are removed shall be replaced on a
one-for-one basis as described in Section 12.32.170, and replacements should be one of
the species contained in the adopted "City of Poway Guidelines to Landscape
Requirements."
IV. POWAY TREE COMMITTEE
12.32.190 Poway Tree Committee.
The Poway Tree Committee shall consist of three (3) members appointed by the City
Council and two (2) City staff members. The Poway Tree Committee shall consider tree
removal and encroachment permit appeals. Additionally, the Poway Tree Committee shall
review, study, and make recommendations to the Directors of Public Services and
Development Services on issues concerning:
Ordinance No. 521
Page 9
A. Tree maintenance and landscaping policies and work plans impacting public property
and trees on public rights-of-way.
The promotion of generally accepted International Society of Arboriculture practices
within the Poway community, including the discouragement of topping of trees on
private property.
C. The maintenance of the tree inventory.
D. The identification of heritage trees in Poway for recommendation to the City Council.
12.32.200 The Poway Tree Trust Fund.
The Poway Tree Committee shall be responsible for administering the Poway Tree Trust
Fund and reporting annually to the Director of Public Services on expenditures. The City
Council shall receive a copy of the annual report. To encourage the planting of trees in
Poway in public open space areas and on public property, while discouraging the planting
of trees on public rights-of-way, program funds shall provide for the planting of trees in
Poway and the cost of a replacement tree for trees removed from public rights-of-way.
Interest earned from the Poway Tree Trust Fund can be used for the costs of providing an
annual Arbor Day celebration event. The Poway Tree Trust Fund's annual contribution to
an Arbor Day event cannot exceed the amount of annual interest earned from the Poway
Tree Trust Fund.
V. SEVERABILITY, VIOLATIONS, AND PENALTIES
12.32.210 Severability.
Should any part or provision of this ordinance be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole
or any part thereof other than the part held to be invalid.
12.32.220 Violation-Penalty.
Any person, partnership, organization, firm, or corporation, whether as principal, agent,
employee, or otherwise, violating any provisions of this title or violating or failing to comply
with any order to regulation made under this title, shall be guilty of a misdemeanor or an
infraction and, upon conviction thereof, shall be punishable as provided by Chapter 1.08.
Ordinance No. 5 21
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EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days
after the date of this passage; and the City Clerk of the City of Poway is hereby authorized
to use summary publication procedures pursuant to Government Code Section 36933
utilizing 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 21st day of March 2000, and thereafter PASSED AND ADOPTED at a regular meeting
of said City Council held the 4th day of April 2000, by the following roll call vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: N 0 N E
ABSTAIN: NONE
ATTEST:
orilAnne-Peoples, (~ity (:}lerk