Chapter 17.64
OAK TREE AND HERITAGE TREE PRESERVATION
Sections:
17.64.040 Oak tree or heritage tree removal permit.
17.64.050 Exceptions to requirement for permit.
17.64.060 Mitigation--General.
17.64.070 City of Angels oak tree preservation fund.
17.64.090 Applicant request for expense reimbursement.
17.64.100 Oak tree and heritage trees preservation guidelines.
17.64.010 Intent and purpose.
By enacting this chapter of the City of Angels Municipal Code, to be known as the city of Angels oak and heritage tree ordinance, the city council finds that oak woodlands constitute a valuable natural resource within the city. They provide habitat for wildlife; they contribute to the city’s beauty and varied scenery; they provide shade in parks as well as in developed areas; and they enrich soils and protect watersheds and streams from erosion. Oak woodlands have declined substantially in extent and quality, both locally and regionally. They are continuing to decline under pressures of agriculture, cutting for fuel wood, livestock grazing, range forage improvement, flood control, fire suppression, and urbanization. The goal of this chapter is to address the decline of oak woodlands due to urbanization through a considered attempt to balance the benefits of preservation, and the cost thereof, against the social benefits of private property ownership and development. To reach this goal, this chapter implements a comprehensive design review process for new development, offers incentives for oak tree preservation, and provides feasible alternatives and options to removal where practicable. This chapter is enacted in furtherance of the city of Angels general plan, conservation and open space and parks and recreation elements, Policies 4 and 12. (Ord. 462 §2(part), 2014)
17.64.020 Definitions.
Within the context of this chapter, the following words and phrases shall have the meaning given below, unless otherwise specifically provided:
A. "Developed lot" means the following:
1. A lot zoned for single-family, duplex, or triplex development, and subdivided down to its ultimate size consistent with the zone, with or without on-site improvements, but with completed subdivision improvements;
2. A lot zoned for multifamily, commercial, or industrial use for which all discretionary entitlements, as well as design review approval, have been approved and are effective.
3. "Developed lot" shall not include any lot that otherwise meets the requirements of this definition, but for which another discretionary entitlement, or a modification to an existing entitlement, is being requested. Such lots shall be treated as undeveloped lots under this chapter.
B. "Director" means the city of Angels community development director or designee.
C. "Guidelines" means the oak tree preservation guidelines adopted pursuant to Section 17.64.100 and Appendix A to the ordinance codified in this chapter.
D. "TDBH" means trunk diameter of a tree at breast height, which is a point located four and one-half feet above the root crown. TDBH of multi-trunk trees shall be the TDBH of the largest trunk only.
E. "Heritage tree" means any tree with TDBH of twenty-four inches or more; which is of good or fair quality in terms of health, vigor of growth, and conformity to generally accepted horticultural standards of shape for its species; and which includes the following species:
|
Common Name |
Scientific Name |
|---|---|
|
Madrone |
Arbutus menziesii |
|
Manzanita |
Arctostaphylos manzanita (value as a mature specimen) |
|
Ponderosa Pine |
Pinus ponderosa |
|
Incense Cedar |
Calocedrus decurrens |
|
CA Buckeye |
Aesculus californica |
|
Western Redbud |
Cercis occidentalis |
|
Arroyo Willow |
Salix lasiolepsis |
F. "Oak tree" means an oak tree with a TDBH of nine inches or more and of a species identified in the guidelines, which is of good or fair quality in terms of health, vigor of growth, and conformity to generally accepted horticultural standards of shape for its species.
G. "Property" means a lot or contiguous or noncontiguous lots, which, taken together, are proposed for development of a single project, whether or not phased.
H. "Removed" with reference to an oak tree means the physical removal of the tree from the ground or the willful injury, trimming, disfiguring, or other harmful action which leads directly to physical removal or creates such a condition that makes disease likely or results in a significant risk of injury to persons or property.
I. "Surveyed trees" means all trees which are included in the arborist’s tree survey required for a proposed project and are not located within an existing or proposed open space and conservation easement.
J. "Undeveloped property" means any property or lot which is not a developed lot, as defined in subsection A of this section. (Ord. 462 §2(part), 2014)
17.64.030 Prohibition.
No person shall remove any oak tree or heritage tree located wholly or partially within the city on any undeveloped property unless an oak tree or heritage tree removal permit has been obtained from the director in accordance with this chapter. (Ord. 462 §2(part), 2014)
17.64.040 Oak tree or heritage tree removal permit.
A. Preservation and removal of healthy oak and heritage trees from undeveloped lots shall be addressed in the development application review process, and shall be governed by the guidelines adopted under Section 17.64.100. Removal of oak and heritage trees from undeveloped property shall require mitigation.
B. No healthy oak or heritage tree shall be removed from such property until the review process is completed and an oak tree or heritage tree removal permit has been issued.
C. Application for an oak tree or heritage tree removal permit shall be made on forms issued by the director. Completed applications shall be filled, processed, and acted upon as part of the project development application.
D. The body issuing an oak tree or heritage tree removal permit shall require a tree preservation and mitigation plan for the removal as a condition of the permit and approval of the project. Required mitigation shall be governed by Section 17.64.060 and the guidelines.
E. A bond or other security instrument in amount not less than ten thousand dollars shall be required as a condition of issuance of the permit to protect those trees identified for preservation during the construction period. The form and amount of the security instrument shall be specified by the permit issuing body and approved by the city attorney. No grading or other on-site work shall be permitted until the security is posted. (Ord. 462 §2(part), 2014)
17.64.050 Exceptions to requirement for permit.
A. No permit shall be required under this chapter for the removal of any oak or heritage tree that must be removed on land that is integral to the operation of any lawful agricultural or surface mining activities on any property. This exception to the permit requirement shall be applicable only for those agricultural and surface mining operations that were in existence prior to the date in which any tree is removed. If, while the property is being farmed, ranched, or mined, an application is pending to develop the property for any land use other than agriculture or surface mining, no oak or heritage tree shall be removed except as allowed upon issuance of an oak tree or heritage tree removal permit.
B. No permit shall be required under this chapter for the removal of any oak or heritage tree to create or provide wood for the personal use of the owners or residents of the property where the tree is removed. For purposes of this exception, "personal use" shall not include the activities of selling or transferring for value or consideration to another any wood cut from a tree or products made from wood cut from a tree.
C. A property owner may apply for an oak tree or heritage tree removal permit to move a dead, dying or diseased oak tree from an undeveloped property where no oak tree or heritage tree removal permit is pending. With respect to application for a tree removal permit for dead, dying or diseased trees on undeveloped lots, the director shall take action on the application at the conclusion of a meeting with the applicant in one of the following ways:
1. If the director determines the oak tree is dead, dying or diseased to such an extent or in such a manner that the tree poses a risk of injury to persons or property, the oak tree removal permit shall be issued. No mitigation or inspection fee shall be required for removing a dead, dying or diseased tree from an undeveloped property.
2. If the director determines that the oak tree is not dead, dying or diseased, the property owner may apply for an oak tree or heritage tree removal permit if he or she still wishes to remove the tree.
3. The director may authorize immediate removal of any oak or heritage tree that poses a fire hazard. Such a determination will be at the sole discretion of the director, who may consult with fire safety experts.
D. Notwithstanding any other provisions of this chapter, the director may authorize the immediate removal of any oak tree upon the written request of the owner or other person in legal possession of the property and upon making a determination that the tree, because it is dead or diseased, poses an immediate risk of injury to persons or property which risks cannot feasibly be removed in any other manner.
E. No permit shall be required under this chapter for the removal of any oak or heritage tree for that portion of the site dedicated as residential housing, either for sale or rent, which, by recordable means, is obligated for affordable housing as that term is defined in Section 17.52.040(B). Where a project proposes a mixture of affordable housing and market rate housing or other uses, only that portion of the project dedicated for affordable housing by recordable means is exempt from this chapter. If the precise boundaries of the affordable housing component of a mixed-use site cannot be determined, the entire site shall be treated as subject to this chapter and a proportional share representative of the affordable housing component shall then be subtracted and exempted. (Ord. 505 §1, 2021; Ord. 462 §2(part), 2014)
17.64.060 Mitigation--General.
All required tree mitigation shall conform to the guidelines and the following practices:
A. On-site mitigation through oak or heritage tree replacement is the preferred mitigation method.
B. The location and condition under which replacement trees are planted must be carefully selected to allow for practicable and feasible future development to minimize the likelihood that future tree removal is required, and to maximize the likelihood that the replacement trees will survive and thrive.
C. The ideal age and size of a replacement tree shall be as specified in the guidelines.
D. Transplanted trees, whether from on site or off site, may be accepted as replacement trees.
E. Any replacement tree, including a transplanted tree, which dies within five years of being planted, must be replaced on a one-to-one basis.
F. Where mitigation formulas use percentages, results will always be rounded up to the next whole number percentage.
G. On property zoned planned development (PD), no fee payment, tree replacement, or land dedication will be required as mitigation for oak tree removal. In this zone, the following incentives shall be applied, upon request:
1. Projects which save twenty-five percent or more of the surveyed oak trees shall receive expedited processing by the community development department.
2. Deferred city traffic mitigation and capital facilities fees as follows:
a. Saving twenty-five percent to forty-nine percent of the surveyed oak trees defers fee payment for three months.
b. Saving fifty percent to seventy-four percent of the surveyed oak trees defers fee payment for six months.
c. Saving seventy-five percent to ninety-nine percent of the surveyed oak trees defers fee payment for nine months.
d. Saving one hundred percent of the surveyed oak trees defers fee payment for twelve months.
H. For all zones other than planned development (PD), the following mitigation requirements shall apply:
1. Where not more than twenty percent of the TDBH of all the surveyed oak trees and not more than twenty percent of the total number of surveyed oak trees on the property are to be removed, each tree shall be replaced on a two-to-one tree replacement ratio (two trees planted on site for each tree removed).
2. Where more than twenty percent of the TDBH of all the surveyed oak trees or more than twenty percent of the total number of surveyed oak trees on the property are to be removed, each inch of TDBH removed in excess of twenty percent of the TDBH of all the surveyed oak trees shall be replaced with an equal number of inches of TDBH of replacement trees, but in no event shall the number of replacement trees be less than twice the number of trees removed (two to one).
3. The species, size, and planting location of the replacement trees shall be in accordance with the guidelines.
4. Where on-site replacement is not feasible, mitigation shall be by off-site replacement, land dedication, or payment of a fee in an amount set by resolution of the city council into the city of Angels oak tree preservation fund. Where partial mitigation is by on-site or off-site replacement, or land dedication, the fee shall be appropriately prorated.
I. Any person may request an exception from any applicable mitigation requirement required under this chapter. To obtain an exception from a mitigation requirement, the applicant must show that compliance with the requirement is not feasible because of the topographic, geographic, or natural conditions of the applicant’s property. The applicant shall make a request for an exception from any requirement of this chapter to the planning commission. Upon hearing the request, the planning commission may grant the request in whole or in part, or may deny the request. Any appeal of the planning commission’s determination shall be made in accordance with Chapter 17.81 of this code. (Ord. 462 §2(part), 2014)
17.64.070 City of Angels oak tree preservation fund.
A. There is within the city treasury a separate fund to be known as the city of Angels oak tree preservation fund.
B. There shall be deposited in the fund all fees paid in connection with the mitigation of trees removed under this chapter or otherwise, plus any monies received from mitigation in lieu of money, donations, fines, and forfeitures, city cash contributions, grants, and enforcement actions to the extent allowed by law.
C. At any time, the city council may transfer from the general fund to the oak tree preservation fund any amounts that it deems necessary or expedient.
D. Expenditures from the fund shall be limited to the following:
1. Acquisition of land deemed appropriate for oak tree reforestation.
2. Acquisition, planting, and maintenance of oak trees.
3. Compensation of arborists retained by the city in connection with the administration of this chapter and any related program.
4. Reimbursement of some or all of an applicant’s cost of application and retention of a private arborist in accordance with any request for reimbursement approved in accordance with Section 17.64.090.
5. Oak tree preservation educational programs.
6. Administration and enforcement of this chapter. (Ord. 462 §2(part), 2014)
17.64.080 Violations.
A. Violation of this chapter may be punishable as a misdemeanor.
B. Upon any violation of any permit issued under this chapter, the planning commission shall have the authority to revoke such permit, along with any other permit or authorization issued under this code contemporaneously with or in relation to the development project that was the subject of the oak tree or heritage tree removal permit.
C. In addition to the provisions of subsections A and B of this section, violation of the terms or conditions of an oak tree or heritage tree removal permit shall be punishable by forfeiture of the security provided under Section 17.64.040. (Ord. 462 §2(part), 2014)
17.64.090 Applicant request for expense reimbursement.
An applicant may request that the planning commission waive or reimburse some or all of an applicant’s costs of application and related expenses in complying with this chapter, including the retention by him or her of a private arborist. The planning commission may grant such a request based on its finding that the applicant has suffered, or would suffer, an undue financial hardship, or the cost of his or her compliance with this chapter would be excessive in relation to the nature and extent of tree removal he or she requests to undertake. If the planning commission grants such a request, it may, in its discretion, waive or order the reimbursement of all or a portion of the amount the applicant requests to be waived or reimbursed. Any reimbursement of an applicant’s expenses shall be paid from the city of Angels oak and heritage tree preservation fund. Any appeal of the planning commission’s determination shall be made in accordance with Chapter 17.81 of this code. (Ord. 462 §2(part), 2014)
17.64.100 Oak tree and heritage trees preservation guidelines.
The oak tree and heritage guidelines are adopted as set forth in Appendix A to the ordinance codified in this chapter. (Ord. 462 §2(part), 2014)