SEC. 5-037. INTENT AND PURPOSE:
The intent and purpose of this Division is to promote the health, safety and welfare of the citizens of the City of Stockton by providing for the protection and preservation of heritage trees located within the City limits. The protection and preservation of heritage trees will promote scenic beauty, reduce soil erosion, improve air quality, abate noise and provide shade to reduce energy consumption.
(Added by Ordinance 007-90C.S. — Effective April 26, 1990)
SEC. 5-038. DEFINITIONS:
1. HERITAGE TREE: As used in this Division, "heritage tree" shall mean any Quercus lobata (commonly known as "Valley Oak") Quercus agrifolia (Coast Live Oak), and Quercus wislizenii (Interior Live Oak) tree which is located on public or private property within the limits of the City of Stockton, and which has a trunk diameter of sixteen (16) inches or more, measured at twenty-four (24) inches above actual grade.
2. EFFECTIVE REMOVAL: As used in this Division, "effective removal" includes, but is not limited to, any extreme pruning which is not consistent with standard Arboriculture practices for a healthy heritage tree and which results in its permanent disfigurement, destruction, or its need for removal for public safety (as determined by the City).
(Amended by Ordinance 030-96C.S. — Effective October 16, 1996) (Added by Ordinance 007-90C.S. — Effective April 26, 1990)
SEC. 5-039. REMOVAL; HARMING HERITAGE TREES PROHIBITED:
Except in emergency situations defined herein, it shall be unlawful for any person to harm, injure, deface or destroy a Heritage Tree located on any parcel of property in the City. It shall also be unlawful for any person to remove, cause to be removed, or effectively remove, any heritage tree from any parcel of property in the City without first obtaining a permit from the City Parks and Recreation Department.
(Amended by Ordinance 027-98C.S. — Effective December 17, 1998) (Amended by Ordinance 030-96C.S. — Effective October 16, 1996) (Added by Ordinance 007-90C.S. — Effective April 26, 1990)
SEC. 5-040. PERMITS:
Any person desiring to remove one (1) or more heritage trees shall apply to the City Parks and Recreation Department for a permit and pay a fee to cover the cost of processing the application, including the cost of publication of the notice. The amount of the fee shall be set by City Council resolution. The application for a permit shall be made on forms provided for that purpose and shall state, among other things, the number, circumference and location of the trees to be removed by types and the reason for removal of each. At least ten (10) calendar days before the time set for review of the application, a notice shall be given of the time, date and place of said review including the address where the heritage tree is located. The notice shall be published once in a newspaper of general circulation, published and circulated in the City of Stockton.
The City Landscape Architect, or designee as determined by the Director of Parks and Recreation, shall review each application and any written or oral testimony and decide if a permit should be granted based on the following:
(a) The condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services.
(b) The necessity to remove the tree or trees in order to construct any proposed improvements, and the possibility of revising proposed tentative subdivision maps and improvement plans in order to save the trees.
(c) The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters.
(d) The number of similar trees existing in the vicinity.
(Amended by Ordinance 027-98C.S. — Effective December 17, 1998) (Added by Ordinance 007-90C.S. — Effective April 26, 1990)
SEC. 5-040.1. EMERGENCY REMOVAL. EXCEPTION TO NOTICE:
In circumstances where the condition of the heritage tree(s) poses an imminent threat to health or safety or to property, as determined by the City Landscape Architect or designee as determined by the Director of Parks and Recreation, such heritage tree(s) may be summarily removed without providing prior public notice. A removal permit, signed by the Director of Parks and Recreation or designee, must be obtained prior to the removal of the tree(s).
(Added by Ordinance 027-98C.S. — Effective December 17, 1998)
SEC. 5-041. REPLACEMENT:
Any person who removes any heritage trees by permit or otherwise, shall replace them on a one for one basis at the discretion of the City Landscape Architect. The size of the replacement tree shall be determined by the City Landscape Architect based on the size of the tree that is removed. If possible, the replacement tree or trees shall be planted on the same parcel as the trees that were removed. If that is not possible, the replacement tree or trees shall be planted in a City park or some other suitable location as determined by the City Landscape Architect. All fines collected for violation of Section 5-039 shall be used to purchase and plant replacement trees.
(Added by Ordinance 007-90C.S. — Effective April 26, 1990)
SEC. 5-042. APPEALS:
Any decision of the City Landscape Architect may be appealed to the City Council. Appeals shall be in writing, state the reasons for the appeal and be filed with the City Clerk within ten (10) days of the decision. A fee, the amount of which shall be set by City Council resolution, shall be paid by the appellant to cover the cost of processing the appeal. The matter shall be set for public hearing before the City Council within forty-five (45) days after the appeal is filed. Notice by mail shall be given to the appellant and every property owner within three hundred (300) feet of the boundaries of the parcel where the heritage tree or trees are located at least ten (10) days prior to the date of the hearing. If the decision of the City Landscape Architect was to deny the permit, then no permit will be granted without five (5) concurring votes of the City Council.
(Added by Ordinance 007-90C.S. — Effective April 26, 1990)
Stockton, CA 
