Chapter 18.80 TREE PRESERVATION

Chapter 18.80
TREE PRESERVATION

Sections:

18.80.010 Purpose and intent.

18.80.020 Definitions.

18.80.030 Oak tree conservation.

18.80.040 Prohibiting the cutting, damaging or removal of certain oak trees in all zones of the city of Calimesa.

18.80.050 Exemptions.

18.80.060 Oak tree pruning permit required.

18.80.070 Oak tree removal permit required.

18.80.080 Oak tree preservation and replacement plan and permit required.

18.80.090 Nonliability of city of Calimesa.

18.80.010 Purpose and intent.

The purpose and intent of this chapter is to regulate and set forth criteria for the cutting, pruning, removal, relocation, or replacement of oak trees to ensure that no oak trees are removed unless:

A. A reasonable and conforming use of property justifies the removal, cutting, pruning, and/or encroachment into the protected zone of an oak tree, heritage oak tree, or protected stand of oak trees; and

B. Adequate mitigation, including the planting of replacement trees or acorns or the payment of replacement costs to the city for each tree removed, is provided at the discretion of the director of community development or planning commission, as applicable. [Ord. 239 § 2, 2006; Ord. 200 § 1, 2002; Code 1990 § 9.16.01.]

18.80.020 Definitions.

“Cutting” means the detaching or separating, from a protected tree, of any limb, branch, or root in a manner which will permanently damage the health or condition of the tree.

“Damage” means any action undertaken which causes injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocation or transplanting a protected tree, or trenching, excavating or paving within the protected zone of a tree.

“Deadwood” means limbs, branches, or a portion or portions of a tree that contains no green leaves during a period of the year when they should be present.

“Dripline” means the outermost edge of a tree’s canopy. When depicted on a map, the dripline will appear as an irregular-shaped circle that follows the contour of the branches as seen from overhead.

“Encroachment” means any intrusion or human activity into the protected zone of an oak tree including, but not limited to, pruning, grading, excavating, trenching, or the construction of structures or other improvements.

“Healthy oak tree” means any oak tree that is not dead nor in a state of decline (i.e., exhibits a greater degree of disease and/or pest infestation than normal).

“Heritage oak tree” means an oak tree of the genus Quercus other than a protected oak tree or scrub oak that has a trunk measuring 12 inches or more in diameter as measured four and one-half feet from the natural grade (i.e., “diameter at breast height (DBH)”).

“Oak tree” means any oak tree of the genus Quercus, including scrub oak (Quercus dumosa).

“Person” means any natural person, partnership, firm, corporation, governmental agency, or other legal entity.

“Protected oak tree” means an oak tree of the genus Quercus, including Quercus dumosa, other than a heritage oak tree or scrub oak, that has a trunk measuring two inches or more in diameter as measured four and one-half feet from the natural grade (i.e., “diameter at breast height (DBH)”).

“Protected stand of oak trees (oak grove)” means a cluster of four or more oak trees of the genus Quercus, including Quercus dumosa.

“Protected zone” means a specifically defined area totally encompassing an oak tree or an oak grove within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular-shaped circle that follows the contour of the dripline of the tree or the outermost trees within a grove. Using the dripline as a point of reference, the protected zone shall commence at a point five feet outside of the dripline of an oak tree or oak grove and extend inward to the trunk of the tree or grove. In no case shall the protected zone be less than 15 feet from the trunk of an oak tree.

“Pruning” means any or all work performed upon the roots or the limbs of an oak tree, including, but not limited to, removal of live tissue, ornamental pruning, aesthetic pruning, thinning out, heading up, or any similar actions that involve removal of live tissue.

“Removal” means the physical removal of a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action.

“Routine maintenance” means actions needed for the continued good health of an oak tree, including, but not limited to, removal of deadwood, insect control spraying, and watering.

“Undeveloped parcel” means a property that has not been developed or improved to the maximum extent allowed by the existing land use designation and zoning of the property. [Ord. 239 § 2, 2006; Ord. 200 § 2, 2002; Code 1990 § 9.16.02.]

18.80.030 Oak tree conservation.

Any person who owns, controls, has custody or possession of any real property in any zone within the city that is unimproved, improved, or has been approved for development, or which is part of or associated with the city-approved development of another piece of property, such as any parcel to be maintained as permanent open space or for recreational purposes, shall take no action which will permanently damage the health or condition of any protected oak tree, heritage oak tree, or protected stand of oak trees on the property. Such actions will constitute a violation of this chapter. The city shall make available to property owners, upon request, information related to the proper care and maintenance of oak trees. [Ord. 239 § 2, 2006; Ord. 200 § 3, 2002; Code 1990 § 9.16.03.]

18.80.040 Prohibiting the cutting, damaging or removal of certain oak trees in all zones of the city of Calimesa.

No person shall cut, damage, remove, encroach into the protected zone of a protected oak tree, heritage oak tree, or protected stand of oak trees, or relocate any oak tree on any public or private property within the city, without first having obtained a permit, as set forth in CMC 18.80.060, 18.80.070, or 18.80.080. The status of limbs or trees as deadwood or dead trees must be confirmed by the director of the community development department prior to cutting, pruning, or removal thereof. [Ord. 239 § 2, 2006; Ord. 200 § 4, 2002; Code 1990 § 9.16.04.]

18.80.050 Exemptions.

The following circumstances are not within the scope of the prohibition or permitting requirements contained herein:

A. Any activities related to pruning or removal of live tissue, involving oak trees that are less than two inches in diameter at breast height (measured four and one-half feet above natural grade);

B. Removal of deadwood;

C. Removal of trees that are dangerous or hazardous and pose an imminent threat to human life or structures on developed property including, but not limited to, potential or actual damage due to thunderstorms, lightening strikes, windstorms, floods, fires, earthquakes, or other natural disasters;

D. Removal of trees when determined to be necessary by a fire official;

E. Removal of trees by a public agency that are located within an area for required improvements within the public street right-of-way or within a utility right-of-way; and

F. Operations associated with commercial tree nurseries. [Ord. 239 § 2, 2006; Ord. 200 § 5, 2002; Code 1990 § 9.16.05.]

18.80.060 Oak tree pruning permit required.

A. Prior to the pruning of any protected oak tree, heritage oak tree, or protected stand of oak trees on an undeveloped parcel that has not been developed or improved to the maximum extent allowed by the existing land use designation and zoning of the property, an oak tree pruning permit shall be obtained from the community development department.

B. A permit shall be issued by the director of community development for the pruning of a protected tree(s) only if the director has made one of the following findings:

1. The condition or location of the oak tree requires pruning to maintain or aid in its health, balance, or structure.

2. The condition of the tree(s) with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas such as parking lots, pedestrian walkways or interference with utility services requires pruning. [Ord. 239 § 2, 2006; Ord. 200 § 6, 2002; Code 1990 § 9.16.06.]

18.80.070 Oak tree removal permit required.

A. For parcels or lots that are less than 20,000 square feet in any zone with protected oak trees or parcels or lots that are 20,000 square feet or more in any zone with three or fewer protected oak trees (not including protected heritage oak trees or stands of oak trees), an oak tree removal permit shall be obtained from the community development department prior to the following activities:

1. Removal of a protected oak tree;

2. Encroaching into the protected zone of a protected oak tree; or

3. Relocation of a protected oak tree. If removal, encroachment, or relocation of a protected oak tree is necessary for development, an oak tree removal permit shall be obtained prior to approval of a grading or construction permit for work in an area where trees are located.

B. The following items shall be submitted in conjunction with an application for an oak tree removal permit:

1. Letter of justification explaining the reasons for the removal;

2. Site plan and/or elevations showing the location of all trees on the parcel or lot;

3. An oak tree assessment prepared by an arborist, if determined to be necessary by the community development department. The assessment shall be prepared by an arborist hired by the city and paid for by the applicant;

4. Methods proposed to mitigate the loss of an oak tree, including the planting of replacement oak trees or acorns, or other adequate mitigation. Mitigation other than replacement shall include the payment of replacement costs to replace each tree that is removed, as determined by the oak tree assessment.

C. A permit shall be issued by the director of community development for the removal, encroachment, or relocation of a protected oak tree(s) only if the director has made the following findings:

1. That there is a reasonable and conforming use of the property that justifies the removal of trees.

2. No other permit for removal of an oak tree on the same property has been issued within the prior one-year period.

3. That the retention or relocation of the tree prevents reasonable use of the property on which it is located and, if required, the applicant has applied for any related discretionary or ministerial permits for the proposed use of property or that the tree has been determined to be damaged or diseased by a licensed arborist, as documented in a report to be reviewed and approved by the community development department.

4. That replacement trees or acorns will be planted to replace each tree that is removed, if feasible, based upon site characteristics, or other appropriate mitigation will be provided. [Ord. 239 § 2, 2006; Ord. 200 § 6, 2002; Code 1990 § 9.16.07.]

18.80.080 Oak tree preservation and replacement plan and permit required.

A. For any parcel or lot in any zone with a heritage oak tree or any parcel or lot that is 20,000 square feet or more in any zone with more than three protected oak trees or protected stand of oak trees, an oak tree preservation and replacement plan shall be prepared and submitted in conjunction with an application for a tree preservation and replacement permit for the following activities:

1. Removal of any protected oak tree, any heritage oak tree, or protected stand of oak trees.

2. Encroaching into the protected zone of any protected oak trees, any heritage oak tree, or protected stand of oak trees.

3. Relocation of a protected oak tree, any heritage oak tree, or protected stand of oak trees. When removal, encroachment, or relocation of a protected oak tree, heritage oak tree, or protected stand of oak trees is proposed in conjunction with development, an oak tree removal permit shall be obtained prior to approval of a subdivision map or rough grading permit for an area where trees are located.

B. The oak tree preservation and replacement plan shall be prepared by an arborist that is retained by the community development department and the cost shall be borne by the applicant. In addition to other information required to demonstrate conformance with subsection (C) of this section, the plan shall contain, but not be limited to, the following information:

1. Letter of justification explaining the reasons for the removal;

2. Site plan and/or elevations showing the location of all trees on the parcel or lot;

3. Oak tree assessment prepared by an arborist, if determined to be necessary by the community development department. The assessment shall be prepared by an arborist hired by the city and paid for by the applicant;

C. The oak tree preservation and replacement plan shall demonstrate the following:

1. The proposed location and configuration of lots, buildings, and streets have been designed to minimize to the greatest extent feasible the removal of healthy trees, including the protection of singular significant specimens (i.e., heritage oak trees) and clusters of oak woodlands.

2. The proposed trees to be retained are located on common open space lots that will be preserved indefinitely.

3. That in considering site design, more than 90 percent of healthy trees will be retained. If a lesser percentage of trees is proposed to be retained, the plan shall identify additional measures to offset the loss of more trees, including the payment of fees that are equivalent to the replacement cost of the tree(s). Not less than 75 percent of trees shall be retained.

4. That in considering site design, any impacted grove will be retained.

5. That grading operations (e.g., location of cut and fill, construction operations, etc.) will be designed and conducted to minimize any negative effects on the trees to be retained.

6. That an effective combination of replacement trees, acorns, and/or appropriate mitigation will be planted or provided. Trees to be removed shall be replaced at a minimum replacement ratio of one tree for each tree removed or nine acorns planted for each tree removed. Mitigation other than replacement shall include the payment of replacement costs to replace each tree that is removed as determined by the oak tree assessment.

7. That the trees to be retained or replacement trees will be located in an area that will be maintained in such a manner as to ensure their long-term health (e.g., not be overwatered or receive too many nutrients, etc.).

8. That a program has been included to monitor and report on the survival rate of replaced trees to ensure the long-term success of a tree preservation and replacement plan.

D. A tree preservation and replacement plan and application for a tree preservation and replacement permit shall be subject to planning commission review at a public hearing. A tree preservation and replacement plan and permit may be approved, conditionally approved, or denied. The planning commission, in approving a tree preservation and replacement plan, shall find as follows:

1. That there is a reasonable and conforming use of the property that justifies the removal of trees.

2. The proposed location and configuration of lots, buildings, and streets have been designed to minimize to the greatest extent feasible the removal of healthy trees, including the protection of singular significant specimens and clusters of oak woodlands.

3. No other permit for removal has been issued within the prior one-year period.

4. That the retention or relocation of selected trees prevents reasonable use of the property on which they are located and, if required, the applicant has applied for any related discretionary or ministerial permits for the proposed use of property.

5. That replacement trees or appropriate mitigation will be planted or provided to replace each tree that is removed, if feasible.

6. That retained and replacement trees will be located in an area that will be maintained in such a manner as to ensure the long-term health of the trees and that adequate monitoring methods will be implemented.

7. That all necessary environmental analysis has been conducted in accordance with all applicable environmental regulations. [Ord. 239 § 2, 2006; Code 1990 § 9.16.08.]

18.80.090 Nonliability of city of Calimesa.

Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to maintain the oak trees upon the property consistent with the terms of this chapter. Where emergency action is necessary, as set forth in CMC 18.80.050, any person who removes a tree located on property possessed, owned, or controlled by them is responsible for securing the area as appropriate to safeguard both persons and improvements from damage. [Ord. 239 § 2, 2006; Ord. 200 § 8, 2002; Code 1990 § 9.16.09.]