Chapter 16.66
TREE PRESERVATION REGULATIONS
Section:
16.66.010
Title.
16.66.020
Purpose and intent.
16.66.030
Applicability.
16.66.040
Exemptions.
16.66.050
Definitions.
16.66.060
Tree removal permit
required.
16.66.070
Tree removal permit
application.
16.66.080
Tree removal permit
review.
16.66.090
Appeals.
16.66.100
Protection of trees
during construction.
16.66.110
Protection plan required
prior to issuance of permit.
16.66.120
Enforcement.
16.66.130
Violation—penalty.
16.66.140
Additional provisions.
16.66.010
Title.
This
chapter shall be known as the Tree Preservation Regulations.
(Ord. 2286)
16.66.020
Purpose and intent.
The propagation,
maintenance, and preservation of trees enhances the scenic beauty, increases property values, encourages quality development,
prevents soil erosion, counteracts pollution in the air, and helps to maintain the climatic balance within the city. The council
finds that establishing regulations controlling the removal of and the preservation of trees within the city will further
the maintenance and advancement of these public values. In establishing these regulations, it is the city’s intent to
preserve as many trees as possible consistent with the reasonable use and enjoyment of private property.
(Ord. 2286)
16.66.030
Applicability.
This
chapter applies to all undeveloped private property within the city one-half acre or greater.
(Ord. 2286)
16.66.040
Exemptions.
The following
shall be exempt from the provisions of this chapter:
A. Cemetery,
public school, university, and city property; and
B. Tree work performed by public utilities in public utility easements or public rights of way.
(Ord. 2286)
16.66.050
Definitions.
For the
purposes of this chapter:
A. “Arborist” means a certified arborist who is registered
with the International Society of Arboriculture, or a member in good standing with the American Society of Consulting
Arborists.
B. “Damage”
means:
1. “Minimal Damage”
means any intentional action or gross negligence which causes injury to or disfigurement of a tree that will not result in
the destruction of the tree, as certified by the urban forester or an arborist.
2. “Major Damage” means any intentional action or gross negligence which causes injury to,
disfigurement, destruction, or effective removal of a tree as certified by the urban forester or an arborist.
C.
“Development” means any improvement of real property which requires the approval of grading permits, building
permits, encroachment permits, tentative or final subdivision maps, or conditional use permits.
D. “Director” means the community development director or a designee.
E. “Drip line” means the area within a circle defined by a radius measured from the trunk
to the outermost branch, plus an additional 10 feet.
F. “Effectively remove” includes, but is not limited to, any extreme pruning that is not
consistent with standard arboriculture practices for a healthy tree and that results in the tree’s permanent disfigurement,
destruction, or removal pursuant to this chapter.
G. “Private property” means property owned by a private person or entity. “Private
property” does not include property owned by the state or federal government, or by any local public agency.
H. “Protect” means the protection of an existing tree from damage and stress such that
the tree is likely to survive and continue to grow normally in a healthy condition, through measures that avoid or minimize
damage to branches, canopy, trunk, and roots of the tree. Such measures may include, but are not limited to, installation
of tree protective fencing, mulching and watering of roots, supervision of work by an arborist, installation of aeration or
drainage systems, root pruning, and use of nondestructive excavation techniques.
I. “Remove” or “removal” means cutting a tree to the ground, extraction of
a tree, or killing of a tree by spraying, girdling, damaging the roots of a tree, or any other means.
J. “Tree” or “trees” means:
1. Any live woody plant having a single perennial stem of 24 inches or more in diameter, or multistemmed
perennial plant greater than 15 feet in height having an aggregate circumference of 40 inches or more, measured at four feet
six inches above adjacent ground;
2. Tree or trees required to be preserved as part of an approved building permit, grading permit, demolition
permit, encroachment permit, use permit, tentative or final subdivision map;
3. Tree or trees required to be planted as a replacement for unlawfully removed tree or trees; or “Tree”
or “trees” does not mean Ailanthus, Chinese Tallow, Privet, or Box Elder.
(Ord. 2286)
16.66.060
Tree removal permit required.
A. No person shall remove, cause to be removed, or effectively remove any tree from any property, subject
to this chapter, within the city without obtaining a permit from the director.
B. Emergency exception. A permit is not required for removal of a tree that presents an immediate hazard
to life or property, as determined by the city manager, director, police chief, fire chief, director of public works, park
director, urban forester, code enforcement officer, public utility companies, or their designees.
C. Tree removal requested as part of the development of a property subject to zoning, subdivision,
conditional use permit, or site development application approval shall be reviewed and approved by the director.
(Ord. 2286)
16.66.070
Tree removal permit application.
A. Any person wishing
to remove one or more trees shall apply to the director for a permit. The application for a permit shall be made on forms
provided by the community development department and shall include the following:
1. A drawing showing
all existing trees six inches or larger that may be affected by tree removal, and the location, type, and size of all tree(s)
proposed to be removed;
2. A brief statement of the reason for removal;
3. If the tree(s) are proposed for removal because of a failing condition, an arborist’s determination
of the state of health of the tree(s) may be required;
4. Written consent of the owner of record of the land on which the tree(s) are proposed to be removed;
5. A tree removal permit fee in amount established by resolution by the city council to cover the cost
of permit administration. An additional deposit may be required by the director to retain an arborist to assist the city in
assessing the condition of the tree(s); and
6. Other pertinent information as required by the director.
B. Any person submitting
a tree removal application in conjunction with an application for any development shall provide to the community development
director the plan specifying the precise location, size, species, and drip-line of all existing trees on or adjacent to the
property. The plan shall also show existing and proposed grades and the location of proposed and existing structures. The
plan submitted shall be the same plan approved by the body having final authority over the development application.
(Ord. 2286)
16.66.080
Tree removal permit review.
A. The director shall inspect the property and evaluate each application which is not in
conjunction
with development. In deciding whether to issue a permit, the director shall base the decision on the following criteria:
1. The condition of the tree or trees with respect to health, imminent danger of falling, proximity to
existing or proposed structures, and interference with utility services or public works projects;
2. The necessity to
remove the tree or trees for reasonable development or improvement of the property;
3. The topography of
the land and the effect of the removal of the tree on erosion, soil retention, and diversion or increased flow of stream waters;
and
4. Availability of reasonable or feasible alternatives.
B. The director shall
render a decision regarding an application that is not associated with an application for development, within 10 working days
after the receipt of a complete application, or within 10 working days of the completion of the review under the California
Environmental Quality Act (CEQA).
C. The
director shall issue a permit if:
1. The tree is determined to be dead;
2. The tree is dying or diseased and removal is recommended by an arborist;
3. The tree presents a danger to health and safety;
4. The tree presents a danger to property improvements or structures;
5. The tree interferes with public utilities in a manner that does not allow pruning as an option; or
6. The tree interferes
with the development or improvement of the property and there are no feasible alternatives available.
D. If an application to remove a tree is being requested in conjunction with development, then the
decision on the tree removal permit shall be rendered simultaneously with the decision on the development and shall be made
by the body having final authority over the development application after consideration of the recommendation of the director.
In deciding whether to approve a tree removal permit under this subsection, the body having final authority over the development
application shall consider the criteria set forth in subsection C, above.
E. The director may refer any application to any city department for review and recommendation.
F. The director or
the body having final authority over the development application may grant or deny the application or grant the application
with conditions, including the condition that one or more replacement trees be planted of a species, size, and location designated
by the director.
(Ord. 2286)
16.66.090
Appeals.
A. Any decision of the director, pursuant to this chapter, may be appealed to the council. Appeals
shall be in writing, shall be signed by the applicant, shall state the reasons the appeal is made, and be filed with the city
clerk within 10 calendar days of written notification of the decision by the director. Any appeal shall be accompanied by
an appeal fee in the amount established by resolution of the council.
B. Appeals shall be
conducted in accordance with the procedures set forth in this code. The decision of the council shall be final.
(Ord. 2286)
16.66.100
Protection of trees during construction.
All applicants
for demolition, grading, or building permits on property containing one or more trees shall prepare a tree protection plan
pursuant to Section 16.66.110 and in accordance with the city’s “Best Practices Technical Manual: Tree Preservation
Measures,” as amended, and the approved tentative map, if applicable.
(Ord. 2286)
16.66.110
Protection plan required prior to issuance of permit.
A. A plan to protect trees as described in Section 16.66.100 of this chapter shall be submitted to
the director prior to the issuance of demolition, grading, or building permits. The plan shall ensure that the tree(s), including
the root system, will be adequately protected from potential harm during demolition, grading, and construction that could
cause damage to the tree(s). Such harm may include excavation and trenching, construction and chemical materials storage,
storm water runoff and erosion, and soil compaction. The plan shall be submitted by applicant and approved by the director.
The director may refer the plan to a city-selected arborist for review and recommendation. The cost of this review shall be
borne by the applicant requesting said permit.
B. The director may require that an arborist be present on the project site during grading or other
construction activity that may impact the health of the tree(s) to be preserved.
C. Minimal or major damage to any tree(s) during construction shall be immediately reported to the
director so that proper treatment may be administered. The director may consult with a city-selected arborist to determine
the appropriate method of repair for any damage. The cost of any treatment or repair shall be borne by the permittee. Failure
to notify the director of damage to tree(s) may result in the issuance of a stop work order.
D. The permittee shall
remain responsible for the health and survival of all trees under the tree protection plan within the development for a period
of one year following acceptance of the public improvements of the development.
E. The director may waive the requirement for a tree protection plan if the director determines that
the demolition, grading, or construction activity is minor in nature and that the proposed activity will not significantly
modify the ground area within or immediately surrounding the drip line of the tree(s).
(Ord. 2286)
16.66.120
Enforcement.
The director
shall be responsible for the enforcement of this chapter.
(Ord. 2286)
16.66.130
Violation—Penalty.
A. Any person who unlawfully
removes, destroys, or causes major damage to any tree shall pay a civil penalty equal to twice the amount of the appraised
value of each tree or $5,000.00 per tree, whichever is greater. For purposes of calculating the penalties for each tree, the
current edition of the “Guide for Establishing Values of Trees and Other Plants,” as amended, by the Council of
Tree and Landscape Appraisers shall be presumed to provide the appropriate basis for determining penalties.
B. Any person who unlawfully causes minimal damage to any tree shall pay a civil penalty of $1,000.00
for each tree damaged.
C. If any person commits three minimal damage violations within a 24-month period, all subsequent minimal
damage violations within such 24-month period shall be penalized as major damage violations.
D. In
addition to the abovementioned penalties, any person violating any portion of this chapter that results in the loss of a tree,
shall be required to replace said tree with a new tree and/or additional plantings, of the same species, or other species
as may be determined by the director. The director shall determine the size and location of replacement tree(s). The director
may refer to the recommendation of a city-selected arborist.
(Ord. 2286)
16.66.140 Additional Provisions.
The provisions of this chapter shall supplement but not supplant other provisions of this code relating
to the preservation of trees.
(Ord. 2286)
