Sections: 

12.28.010 Purpose of chapter and findings. 

12.28.030 Definitions. 

12.28.040 Street tree management plan. 

12.28.070 Statement of city policy with regard to street trees. 

12.28.080 Tree advisory board. 

12.28.090 Enforcement. 

12.28.100 Director--Authority and responsibility. 

12.28.110 Protection of street trees. 

Next Sections

12.28.010 Purpose of chapter and findings. 

1. Purpose. This chapter is adopted for the purpose of establishing rules and regulations relating to the planting, care, maintenance and removal of trees, shrubs and any other plantings in public areas, rights-of-way and easements, and relating to certain activities on private property.
2. General Findings. The city council makes the following general findings regarding the relationship between health, safety and the general welfare and protection and maintenance of street and private trees as addressed in this chapter.
   
   
   1. They are a valuable long-term community asset, and intend to increase property values in their vicinity.
   2. They recycle air and water, convert carbon dioxide into oxygen, provide shade and windbreak protection, can moderate temperatures for an entire neighborhood or community, and thereby protect us from climatic extremes.
   3. They screen or absorb dust and pollutants, and buffer traffic and other noise.
   4. They impart greater satisfaction and quality to community life by contributing to the pleasantness and serenity of neighborhoods, and filling and enhancing our physical environment with life and beauty.
   5. Their presence in our lives does much to reduce the stress of modern living.
   6. They diffuse the effects of rain in weathering houses, eroding topsoil, and causing flooding, and provide enrichment of the soil for more plant growth.
   7. They provide habitat for birds and other animals so that we may live in a natural balance of nature.
   8. They give the community a feeling of presence and dignity, help express the caliber and pride of its residents, and make it more attractive to existing and prospective residents and visitors.
   9. They enhance the architectural character of a neighborhood, accent or soften the effect of structures, promote visual formality and aesthetic interest, and screen undesirable views.
   10. Inappropriate trees planted in particular locations, as well as failure to properly and systematically maintain street trees and certain private trees, can create dangerous conditions, result in discordant plant types, and promote the spread of disease among various species.
   11. Having a formal, city street tree management plan will insure that the community will realize the benefits from trees through proper management of the city’s urban forest, with due regard for the desirability of identifying preferred species in designated locations and minimizing damage to curbs, gutters, sidewalks and other public or private facilities.
   12. Because it can take decades to grow a mature tree, but only moments to destroy it, due deliberation is called for in considering any action which may adversely affect a street tree, particularly with regard to historic or specimen trees whether on public or private property.
   13. Provisions for urban landscaping and street tree policies are included among the standards and review procedures of the community design element in the general plan, and are intended to enhance the city’s positive image, use open space and landscaping to strengthen community identity, provide visual relief in heavily developed areas and ensure aesthetic appearance in parkways, use selective landscaping to establish neighborhood theme and character, and promote functional landscaping as part of energy-efficient community design standards using low maintenance, drought-resistant and wind-resistant species, while protecting views of the mountains and enhancing their role as a point of reference.
   14. The community design element of the general plan calls for street tree policies which provide an environment to encourage pedestrian traffic through the community, reinforce human scale, minimize the visual dominance of paved surfaces, develop and expand citywide street landscaping and tree guidelines for the use of both the public and private sectors, and encourage use of landscape maintenance districts.
   15. In order to effectively nurture and sustain the city’s urban forest, it is appropriate and necessary that the resident living closest to an adjacent parkway provide for the maintenance of any street trees planted therein, for such resident receives greater direct benefit from them than other community residents, and is uniquely in a position to provide such maintenance.
   16. For all of the reasons set forth in subdivisions 1 through 15 of this subsection, there is a direct and reasonable relationship between development on any parcel of property within the city and the need for and provision of street trees on adjoining parkways, including the charging of fees to assure such provision prior to the issuance of building permits. Such development creates conditions on the site which would, if not mitigated, have a negative effect on the character of the neighborhood and the minimum aesthetic values necessary for the health, safety and general welfare of the community.

The following definitions shall apply to this chapter: 

1. "City" means the city of Carpinteria acting by and through its authorized representatives.
2. "Conforming tree" means an approved tree that is included on the city’s adopted master street tree list, planted and grown in accordance with the street tree management plan.
3. "Director" means the city manager or his designee.
4. "Even-aged" means those trees of similar species, or of different species with similar lifespan, all of which were planted at approximately the same time and are likely to decline simultaneously.
5. "Ground cover" means grass, turf or perennial plants that normally grow in a prostrate manner so as to conceal, or with the purpose of concealing, the ground surface that do not exceed eight inches in height, and will tolerate light pedestrian traffic.
6. "Hedge" means any plant material, shrub or plant, when planted in a dense, continuous line or area, as to form a thicket or barrier.
7. "Maintain" or "maintenance" means and includes pruning, spraying, root pruning, mulching, fertilizing, cultivating, supporting, treating for disease or injury, promoting public safety or other similar act which promotes the life, growth, health or beauty of any planting on public property.
8. "Monocultures" means single species plantings, whether or not even-aged, which can intensify problems of disease susceptibility and/or insect infestation.
9. "Park tree" means any tree, shrub or other plant located on, in or over any public area.
10. "Parkway" means that portion of a public street which is not improved for actual street, curb, gutter or sidewalk use and which is available for planting and maintaining street trees.
11. "Private tree" means any tree which is not a street tree, and which is located on private property.
12. "Property owner" means the legal owner of any real property facing on any street of the city, and any lessee of such owner.
13. "Protected tree" means any tree in one or more of the following categories which are to be protected and preserved as long as possible:
    
    
    1. "Exceptional specimen tree" means a tree considered an outstanding specimen of its species by reason of age, rarity, location, size, aesthetic quality, endemic status or unique character.
    2. "Habitat tree" means a tree (or any group of trees) which has special importance as a wildlife habitat.
    3. "Historic tree" or "heritage tree" means a tree which is of historic significance as defined under "historic planting," or which has taken on an aura of historic appeal.
       
       
14. "Pruning," "trimming" or "thinning" means methods to control the height and spread of a tree, preserve its health and appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within, and make adjustments which will increase its longevity in an urban environment.
15. "Public area" means any park, playground or area around public buildings, public parking lots and all other areas under the supervision and control of the city, not including any public street.
16. "Public street" means and includes every way set apart for public travel or use in the city, including any area available for use as a city street, road, avenue, boulevard, lane, alley, parkway, planting strip, curb, gutter or sidewalk owned by the city in fee or as an easement or right-of-way for public use.
17. "Root barrier" means any number of devices, materials or methods of directing or redirecting the root systems of trees away from the surface of the ground in order to minimize root damage to adjacent concrete or asphalt public improvements, or to nearby utilities or structures, and to so control growth of tree root systems as to assure more deeply-rooted and firmly-anchored trees which are better able to withstand strong winds.
18. "Root pruning" means cutting back tree roots where they may be damaging curbs, gutters, sidewalks, driveways, and possibly sewer and water lines or other utilities in an attempt to prevent further damage, undertake necessary concrete repair work, and to avert or at least postpone the need for actual tree removal.
19. "Street tree" means any tree located on, in or over any parkway within the city.
20. "Topping," "hearing," "stubbing" and "pollarding" mean relatively severe types of pruning which usually produce less desirable results than more moderate pruning with respect to a tree’s natural form, and which should be used sparingly only when considered necessary or to eliminate hazards to human life or private property.
21. "Tree" means any woody plant, including a palm, which has the potential of attaining a minimum height of fifteen feet and has a canopy of foliage borne normally by a single trunk.
22. "Tree well" means a planting area found in an otherwise paved public street and is included in the definition of parkway.
23. "Urban forestry" means the scientific management of nonindigenous plantings creating a forest in the human living environment, and emphasizing the practice of wise professional planned care and development of all tree resources within an urban area including trees on public streets, public areas and on private property to provide for multiple use benefits for the general well-being of the entire community. 

The city shall prepare and adopt a street tree management plan to include: 

1. A master street tree list of approved trees giving their common and botanical names, and regulations and criteria relating to the location and manner of planting such trees as will protect public safety and public improvements, including consideration of the relationship of the size of a species at maturity to its designated locations;
2. Management practices regarding planting, maintenance, recycling, removal and replacement of street-trees;
3. Specifications regarding how a tree should be planted and staked, guying, preparation of the planting area, the use of root barriers, the proper spacing between street trees, considerations of line of site and public safety, and the proper setback from curbs, sidewalks, fire hydrants, public utilities and street intersections;
4. A comprehensive street tree inventory specifying the location, distance from the curb, species, age and life expectancy, necessary maintenance, the size and condition of existing street trees (and estimated monetary value) the characteristics of each occupied and vacant planting site, and the nature and extent of any damage to public or private improvements attributed to any tree;
5. A systematic, orderly program for the scheduling of street tree maintenance on a regular basis, and specifications regarding pruning, trimming, thinning, topping, heading, stubbing and pollarding;
6. Goals, guidelines and criteria with regard to tree canopy density, staged removal and replacement, monocultures, even-aged trees, temporary or interim trees, rotational reforestation and renewal, species selection and diversification, living and nonliving groundcovers, the relationship between viewscapes and tree heights and/or canopies, solar access, and public education and involvement.

12.28.070 Statement of city policy with regard to street trees. 

Street tree plantings shall first be considered from the standpoint of the people using or passing along the streets, and in terms of the broader community benefit. Of secondary consideration is the benefit, embellishment or enhancement of the properties abutting the street. 

12.28.080 Tree advisory board. 

1. Creation and Establishment. There is created a city tree advisory board which shall consist of five members, who shall be residents of the Carpinteria Valley area. They shall be appointed by the mayor with the advice and consent of the city council. The members shall be lay citizens, and others with established professional competence in a pertinent discipline, and the following characteristics or attributes may serve as guidelines in making appointments to the board.
   
   
   1. Members of the public interested in trees as a major component of Carpinteria’s physical and aesthetic environment;
   2. Arborists, ornamental horticulturists, and landscape architects and designers, or those with a technical background in a related field. At least two members of the board shall have such a professional background;
   3. Other qualified and interested persons from garden clubs, conservation and beautification organizations;
   4. Members of the academic community with training in the biological or other natural sciences.
      
      
2. Term of Office. The term of office for members of the tree advisory board shall be two years. All terms shall expire on January 31^st of odd-numbered years. In the event that a vacancy should occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. Members may serve more than one term.
3. Compensation. Members of the tree advisory board shall serve without compensation. Members shall be reimbursed for any expenses incurred as a result of authorized business related to their responsibilities as member of the board.
4. Organization. The board shall, immediately upon its appointment and taking office, elect a chair and vice-chair from among its membership, and thereafter at its regular meeting closest to and following February of odd numbered years. The board shall be subject to all local and state laws relating to meetings of public bodies, adopt and operate under its own rules of order and procedure as may be necessary, establish dates for its regular meetings which shall be held at least twice per year or more often as needed at a time and place determined by the board, and determine the method of calling the special meetings. Minutes shall be kept of all meetings by the city clerk or his designee, who shall serve as secretary to the board.
5. Attendance. In the event a member of the board shall not attend two consecutive regular meetings, unless excused by the chairman of the board for good cause, the position of such member shall be deemed to be vacant, and the term of such member terminated, and the mayor notified immediately by the chairman of such termination.
6. Duties and Responsibilities. In addition to all other duties and responsibilities set forth in this chapter, the board shall act in an advisory capacity to the city council, city manger and city staff in the administration of this chapter and with regard to all street tree matters. The board shall have the following duties and responsibilities:
   
   
   1. Assist the director and city staff in the development, review and amendment of the comprehensive street tree management plan, street tree inventory, master street tree list, list of acceptable groundcover plantings for parkways and public areas, and landscape plan requirements for private developments;
   2. Review and make recommendations regarding the city’s annual street tree work program and budget;
   3. Recommend a policy and guidelines on tree removal and replacement, to be reviewed annually, and a regular, periodic programmed maintenance schedule;
   4. Advise on the technical problems of trees, including spraying, diseases, maintenance, pruning and related problems;
   5. Make recommendations concerning overall policies, standards, guidelines and regulations for street trees and other plantings within the city;
   6. Administer and annually update the written street tree management plan with regard to the care, preservation, pruning, planting, replanting, removal or disposition of street trees. Such plan shall be presented annually to the city council and upon council acceptance and approval shall constitute the official comprehensive street tree plan for the city;
   7. Upon request by the city council or the director, shall consider, investigate, make findings, report and recommend upon any special matter or question relating to street or private trees within the city;
   8. Hear appeals from residents on city staff decisions regarding permit denials, planting, trimming, pruning, removal or planting of trees, and conduct public hearings on tree removal requests. The board’s decisions shall be appealable to the city council;
   9. Recommend to the city council regarding the designation of "specimen" or "historic" trees and plantings, and any other category of "protected" tree as defined in this chapter.

The director shall be responsible for the enforcement of this chapter. 

12.28.100 Director -- Authority and responsibility. 

Subject to other provisions of this chapter: 

1. Director Responsible. The director is made responsible for the inspection, maintenance, removal and replacement of all street trees, and shall plan, administer, control and regulate the street tree program of the city in accordance with the street tree management plan and this chapter. The director shall also have authority to maintain and care for, as needed, street trees, and private trees to the extent they overhang or project in or on a public street or public area or adjacent private property as is reasonably necessary for the purpose of planting, maintaining, removing or replacing street trees.
2. Roots. The director may cause the roots of established trees which have caused damage to be cut back as long as such remains a feasible, cost-effective way to avoid actual tree removal. Overhead limbs may be pruned or cut back to compensate for loss of root area.
3. Protected Trees. This chapter is intended to give, and gives, full and complete authority to the director over any and all official, specimen, historic or otherwise protected trees and plantings now existing or hereafter to be planted and grown upon any and all public streets and public areas in the city which are now or in the future will become a part of a comprehensive plan for planting and maintenance of trees in such areas.
4. Private Trees and Other Plantings. The director shall have authority over private trees or other plants to the extent provided for in Section 12.28.210C of this chapter.

1. Permit Required. No person shall plant, remove, trim, prune, spray or cut above or below ground portions of any street tree without first obtaining a permit to do so from the director subject to the provisions of this chapter and the street tree management plan.
2. Open Ground for Trees.
   
   
   1. No person may place or maintain a stone, cement or other substance so that it impedes the free access of water or air to a street tree. At least sixteen square feet of open ground shall be maintained around a street tree unless the director specifically permits otherwise.
   2. No person may plant, place or construct shrubs, trees not on the adopted master street tree list, flowers, vines, fences, rocks, gravel, signs, stakes or other substances or objects, except watering basins for young trees and temporary protection for newly planted lawns, or cause or create conditions of uneven ground, holes or other hazards, in a parkway without first obtaining a permit to do so from the director.

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