Chapter 17.21
REGULATIONS FOR TREE PRESERVATION
Sections:
17.21.030 Preservation of native trees.
17.21.040 Land development tree report.
17.21.050 Review and determination.
17.21.010 Purpose.
To carry out the provisions of the Lakeport general plan with respect to protecting the natural environment and conserving and enhancing Lakeport’s unique natural beauty and irreplaceable natural resources specifically applicable to the preservation of native trees, including oak, redwood, willow, and cottonwood. (Ord. 796 Att. A(part), 1999)
17.21.020 Applicability.
The regulations for tree preservation standards shall apply only to proposals to develop land and shall not apply to existing developed sites. (Ord. 796 Att. A(part), 1999)
17.21.030 Preservation of native trees.
Existing native trees on proposed development sites with a diameter of six inches or more including, but not limited to, oak, willow, cottonwood, and redwood shall not be cut down, removed, or otherwise destroyed except as provided herein. (Ord. 796 Att. A(part), 1999)
17.21.040 Land development tree report.
Development projects involving applications for building permits and land use projects within the city shall include a tree report where there are existing native trees located on the site. The tree report shall include the following information:
A. The type and number of native trees existing on the subject property.
B. The diameter of trunks and main stems measured 4.5 feet above the root crown.
C. The average canopy spread of each tree.
D. A statement concerning the health of the trees including the disclosure of any significant disease, insect infestation, fire, mechanical, or wind damage that may be present.
E. A graphic plan showing the location of the native trees on the property in relationship to lot lines, existing improvements, proposed structures, and other improvements.
The community development director may waive the requirement for a tree report based on a determination that there are no native trees on the land to be developed, or that the project as proposed will not in any way affect the existing trees on the land. (Ord. 796 Att. A(part), 1999)
17.21.050 Review and determination.
Upon submittal of the tree report, the director shall review the information and make a recommendation as to the necessity to revise the proposed development project in order to retain the trees or mitigate the impact to the trees. The director or the planning commission may require that the project be revised and that proposed improvements be relocated or otherwise modified in order to retain the native trees or mitigate the impact on the trees.
The director or the planning commission may require that trees that are proposed to be removed as a result of development instead be retained through the implementation of specific mitigation measures. Mitigation measures may include limitations on: root cutting, limb cutting, placement of improvements within the canopy drip line, construction of irrigation facilities within the canopy drip line, introduction of non-native plant materials within the canopy drip line, or other techniques as necessary to preserve the trees.
The city recognizes that some trees will have to be removed to facilitate development in accordance with the general plan. For those trees that are to be removed, the director or the commission shall require a 1:1 replacement with a minimum fifteen-gallon tree in the same or similar species as the tree to be removed. If the trees that are removed are mature and healthy, there shall be a 1:1 replacement with a minimum twenty-four-inch root ball specimen in the species that is the same or similar to the tree removed. Trees planted as replacements shall be continually maintained or replaced if they fail to survive. Replacement trees shall be planted on the site where the preexisting tree was removed, or may be planted on a separate site at the discretion of the city.
The director or the commission shall determine the degree of tree impact resulting from the proposed development of the land and shall stipulate those conditions of approval necessary to satisfy the purpose of this chapter and the Lakeport general plan. (Ord. 796 Att. A(part), 1999)
17.21.060 Tree inventory.
The city shall provide an up-to-date inventory of significant stands or individual native trees. Said inventory shall be consulted in the review of potential tree impact caused by development proposals. (Ord. 796 Att. A(part), 1999)