(a) Purpose and intent. The purpose and intent of this section is to provide for the preservation and maintenance of existing trees within the City while permitting reasonable use and development of properties containing such trees, as well as the reasonable trimming and maintenance of such trees.
(b) Severe tree trimming regulations. No property owner or his or her agent in any district in the City shall cause any tree on his property to be severely trimmed, unless prior approval is given by the Planning Director, upon recommendation of an arborist.
(1) Suggested tree trimming standards. The primary aim of trimming is to preserve the health, beauty, and longevity of trees. Trimming for such purpose will also make trees safer, more functional, and valuable. Practices such as stub cuts, random branch removal, and topping (stubbing back the entire crown) defeat the primary aim, create hazards, and drastically reduce the monetary value of trees. Therefore, such practices shall not be employed. The following standards identify trimming methods which will give maximum benefits to both trees and people:
(A) Types of cuts.
(i) Removal of laterals,
(a) Shoulder cuts. The final cut in removing a lateral branch should be immediately beyond the branch bark ridges, preserving the branch collar, as shown in Figure 3-6. Do not make stub cuts (an inch or more beyond the branch collar). Do not make flush cuts (through the branch collar).

Figure 3-6
Shoulder Cut

(b) Triple cuts. For any branch too large to be held while being cut, remove by means of the following cuts, as shown in Figure 3-7:
(1) Undercut the branch four (4) inches to ten (10) inches beyond the base.
(2) Cut off the branch beyond the undercut.
(3) Remove the remaining stub via a shoulder cut as described above.

Figure 3-7
Triple Cut

(ii) Removal of terminals (tip thinning and drop crotching)

(a) Thinning. "Lace out" the terminal portions of branches by cutting the terminals back to the laterals as shown in Figure 3-8. (The basal diameter of the remaining lateral should be one-third (1/3) the diameter of the terminal being removed.) Remove numerous small terminals and laterals rather than taking out a few large ones.

Figure 3-8
Thinning

(b) Size reduction. To take out portions of the crown for reducing height, remove the terminals back to the laterals as shown in Figure 3-9. Each lateral should be suitably situated to serve as the new terminal, thus establishing the crown at a lower level. The basal diameter of a lateral should be at least one-third (1/3) the basal diameter of the terminal being removed. (Laterals smaller than this cannot function effectively as new terminals, and the effect is then similar to a stub cut.)

Figure 3-9
Size Reduction

(B) Pruning functions. Not all of the following procedures will apply to any one tree, and two (2) or more may be performed more or less simultaneously. In most cases, however, trimming done in the following general sequence will be more efficient and will help avoid unnecessary trimming.
As a rule, not more than one-fourth (1/4) of the total foliage mass should be removed at one trimming. Exceptions are: (1) extreme thinning of heavy crowns of brittle trees, such as lawn-grown (irrigated) kaffirboom coral trees, and (2) severe thinning of crowns to prevent blow-down when root pruning is done.
(i) Remove branches as needed and redirect new growth to clear pedestrian and vehicular traffic areas, buildings, outdoor lights, walls, and other objects, as well as trees and shrubs.
Do not make stub cuts on branches four-inches or greater. Do not cut terminals back to very small laterals. Retain a screen effect as much as possible.
(ii) Remove dead, broken, diseased, or markedly unthrifty branches.
(iii) Remove crossing branches and those which will become crossing branches (such as suckers, water sprouts, and branches growing vigorously into the interior of the crown).
(iv) Remove sharp-angled branches. Remove most branches arising at angles of less than thirty (30) degrees (Exceptions: eucalyptus and other species which fuse at branch bases). If a narrow-angled branch needs to be retained for the sake of form, it should be lightened and restricted in growth to reduce the danger of wind breakage.
(v) Remove parallel branches. If two (2) branches within a foot or so of each other run parallel for several feet along their main stems the less desirable one should be taken out.
(vi) Trim for balance and form.
(a) To maintain the natural shape, if a tree grows in an unbalanced manner which is atypical and unattractive, or which poses a potential hazard (as may occur with aleppo pines, for example), remove such branches as may need to be eliminated to restore more typical form or to minimize the perceived hazard.
(b) To alter the natural shape, for picturesque or formal effects (for example, espaliers, hedges, sheared specimens, or "Japanese garden" styles). trim in a manner and frequency appropriate to the intended effect.
(vii) Trim to reduce wind resistance. (Note: the use of dry habitat trees, such as pinus radiata, eucalyptus species, and kaffirboom corral (erythrina caffra), in irrigated lawns often results in shallow-rooted specimens with excessively tall, heavily foliaged crowns. Such are susceptible to blow-down or limb breakage in high winds. This usually necessitates annual thinning. It does not call for topping: beheading tall or dense trees ruins their form and vitality and intensifies wind hazards in subsequent years.) This type of thinning should be done by removing a large number of small branches rather than a few large branches. The end effect should maintain most of the original form, but with a lacy openness.
(2) Exceptions. The Planning Director or the Director of Public Works, subject to the approval of the City Manager, may approve trimming trees in a manner not typical of the natural form of the tree specie. Such approval shall be based upon a finding that the resulting shape is necessary for the public health and safety of the tree and the community or consistency with a project design.
(3) Penalties and remedies. The City Council hereby finds and declares that a violation of subsection (b) of this section is a public nuisance.
(A) Abatement. In addition to any other civil remedy available, the City Council hereby establishes the following summary abatement procedure pursuant to state law:
(i) Notices to abate nuisances. The Enforcement Officer, upon finding that any person has caused a violation of this subsection, and therefore a public nuisance, shall cause a notice to be given to the violator which shall order the violator to immediately cease and desist from further violations of this section.
(B) Form of notices. The heading of the notice shall be "Notice to Abate Public Nuisance--Severe Tree Trimming." Such heading shall be capitalized and on a form containing the following provisions:

Notice is hereby given by the City of San Juan Capistrano that you are violating Section 9-3.557 Tree Preservation of the Cites Municipal Code by causing the severe trimming of a tree. Section 9-3.557 Tree Preservation is attached.

You are hereby ordered to immediately cease and desist from severe trimming of the tree(s). This condition is a public nuisance and must be immediately abated. If this nuisance results in the destruction or removal of the tree as determined by the Enforcement Officer, you are also hereby ordered to immediately replace said tree(s) with mature plantings of the same specie in the same location. If you do not do so within ten (10) days, the City will cause said replacement, and the costs of replacement, plus reasonable overhead costs, shall be assessed upon the land, and said costs shall constitute a lien upon the land until paid. If you have any objections to the proposed abatement order, you are hereby notified to attend a hearing of the Planning Commission of the City of San Juan Capistrano to be held on _______, 20___, when evidence will be taken as to whether a nuisance exists, objections will be heard to the abatement order, and a final decision will be rendered.

"Dated __________, 20____.

Enforcement Officer

(C) Public hearings and determinations. Upon the conducting of a public hearing, based upon the testimony and evidence introduced at the hearing, the Planning Commission shall determine whether the circumstances recited by the Enforcement Officer constitute a public nuisance. Upon making a determination that there exists a public nuisance, the Planning Commission may order that the property owner immediately cease and desist from severe tree trimming and/or immediately order the City abatement of the nuisance, all such costs to be made a lien against the property upon which the trees are located.
(D) Public hearings regarding actual costs. Following the City abatement of the public nuisance, the Enforcement Officer shall present to the Planning Commission, during a public hearing, the total costs incurred in the City abatement. The Planning Commission shall then adopt a resolution making a finding as to the reasonable costs incurred in the abatement. The costs of the abatement shall constitute a special assessment against the parcel upon which the trees are located. After the assessment is made and confirmed, it shall be a lien on the parcel. The County Auditor-Controller shall then enter such assessment on the County tax roll opposite the parcel of land in question.
(c) Tree removal regulations. The definitions, rules for compliance, identification of procedures, and other matters relating to the removal of trees on public and private property are set forth in Section 9-2.349 Tree Removal Permit.
(d) Definitions. For the purposes of this section, the following definitions shall apply:
(1) "Tree" shall mean any living woody perennial plant having a trunk diameter greater than six (6) inches, measured at a point three (3) feet above the ground.
(2) "Severely trimmed’ shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of main lateral branches leaving the trunk of the tree in a stub appearance.
(3) "Stand of trees" shall mean a cluster of trees existing of not less than four (4) trees. (§ 2, Ord. 869)