The city council declares that trees serve as an important feature to the urban forest of Laguna Beach. The city council recognizes that trees not only add to the scenic beauty and character of the community, but also serve to prevent erosion, protect against flood hazards and the risk of landslide, counteract pollutants in the air, decrease wind velocities and help maintain a climatic balance. The city council further recognizes that while the benefit of trees is great, for a variety of reasons, private property owners may decide to remove trees from their property or privately maintained trees on the public right-of-way adjacent to their property. These reasons may include, but are not limited to, tree decline or death, damage to private or public infrastructure, view protection, property maintenance, or simply a desire to modify the visual aspects of their landscape. Further, while the city has various processes that govern the removal of trees, sometimes a property owner may not be aware of these processes. It is the intent of this chapter to establish a tree removal permit process that will aid in monitoring and processing requests for: (1) the removal of heritage trees; (2) the removal of tree(s) on landscape plan(s) approved through the design review process in Section 25.05.040; and (3) the removal of privately maintained trees in the public right-of-way. It is also the purpose and intent of this chapter to establish penalties for the unpermitted removal of heritage trees, trees on design review approved landscape plans and privately maintained trees in the public right-of-way. This chapter is not intended to encourage or result in the clear-cutting or substantial denuding of any property of its trees or other vegetation by overzealous application of provisions of this chapter. This chapter applies to all properties within the boundaries of the city and the city's permitting jurisdiction, excluding property owned by other governmental entities not subject to the city's regulatory jurisdiction.
(Ord. 1630 § 1, 2018)
For the purpose of this chapter, certain terms and words are
hereby defined as follows:
means a person who has been designated and approved in writing
by the property owner of record to act on his, her or its behalf in
matters pursuant to this chapter.
means a person with an education and experience in arboriculture
or horticulture and is a registered consulting arborist (RCA) of the
American Society of Consulting Arborists (ASCA) and/or International
Society of Arboriculture (ISA) certified arborist. The certified arborist
shall be chosen by staff from a list of qualified and professionally
trained persons with whom the city has a contract to provide arborist
services.
means the city of Laguna Beach and its city council, employees
and staff and those designated by the city council or city staff to
act on behalf of the city.
means vegetation designated for maintenance by the city.
Such vegetation may include vegetation in city parks, on city properties,
and city-maintained street trees within rights-of-way. City-maintained
vegetation is exempt from the provisions of this chapter.
means any real property of which the city is the fee simple
owner of record.
means any residential property owner or authorized agent
submitting an application for a tree removal permit.
means the removal and disposal of vegetation by sawing or
grinding the limbs, leaves, trunk and stump to the existing grade.
Complete removal shall not include or require the removal and disposal
of a plant's root system unless specified on the permit to allow for
installation of replacement vegetation.
means the diameter of the trunk of a single-trunk tree measured
at four and one-half feet above grade level or the total diameter
of all stems of a multi-trunk tree measured at four and one-half feet
above grade. The diameter is calculated by dividing the circumference
in inches by 3.1416.
means any tree or stand of vegetation that have been placed on the heritage tree list by the city council pursuant to Chapter 12.08.
means any individual, individuals, corporation, partnership,
firm or other legal entity.
means vegetation located in the public or private right-of-way
areas along developed or undeveloped "paper street" roadways, which
are the responsibility of private persons to maintain and which are
not specifically designated by the city for city maintenance. (A "papers
street" is a roadway that has not been formally accepted into the
city's official street system.) Privately maintained vegetation in
the right-of-way is subject to the provisions of this chapter.
"Shall" is mandatory and "may"is permissive, unless the context
of the term's usage indicates otherwise.
means the entire dimension of ownership (right-of-way) along
developed roadways, including vehicular paving, sidewalks and planted
or natural areas.
means a permit issued by the city of Laguna Beach to allow the removal of heritage trees in compliance with Chapter 12.08, trees on a landscape plan approved through the design review process, and privately maintained trees located in the public right-of-way.
means woody type plants or grasses taller than six feet in height with the potential to obstruct views. "Vegetation" includes, without limitation, trees, shrubs, grasses, hedges and bushes. However, "vegetation" shall not include any type of vegetation affected by a prior city tree or vegetation height entitlement, such as a landscape plan in which vegetation height limits were approved through the design review process specified in Section 25.05.040 or finalized hedge or view claim. In addition, "vegetation" shall not include heritage trees or city-maintained vegetation.
means a person owning property, including underlying fee-ownership
of privately maintained vegetation in right-of-way, containing vegetation
that a claimant applies to remove.
(Ord. 1630 § 1, 2018)
No person shall remove a heritage tree, a tree approved on a
landscape plan approved through the design review process or a privately
maintained tree located in the public right-of-way without first obtaining
a tree removal permit (TRP) from the city authorizing such work. The
permit may be granted on the condition that the property owner or
authorized agent bears the cost of removal, the cost of planting any
replacement vegetation and, when required, the cost of a certified
arborist consultation. The permit shall become void unless the work
is completed within thirty days of issuance of the permit. The time
for completion of the work may be extended by the director of community
development or designee if the claimant can demonstrate just cause
for extending the completion date.
The time for completion of work may be extended if there is
evidence provided to the city that the tree(s) subject to the permit
for removal contain nests (or eggs) of birds that are designated under
the Migratory Bird Treaty Act and California Department of Fish and
Game Code, in which instance the city may extend the time for removal
of the subject tree(s) for up to ninety days following a determination
by a qualified biologist or ornithologist that the nest is inactive.
(Ord. 1630 § 1, 2018)
(a)
A tree removal permit application shall be submitted to the director
of community development and shall include: (1) the property owner's
name, contact information, address and parcel number; (2) the name
of authorized agent (when applicable), relationship to property owner,
contact information, address; (3) a plot plan of the site with the
location of each tree on the application noted on the plan; (4) the
common name, species and approximate DBH of each tree requested to
be removed; (5) a current photograph of the tree(s) on the site; (6)
suggested replacement tree(s) and size; and (7) the reason for the
request for removal. Staff will review the application for completeness.
Requests for removal based upon the health of the tree shall require
an arborist report with the submittal.
(b)
The application shall be assigned one of the following category classifications.
(c)
Applications submitted for removal of trees on the city's Heritage Tree List will be classified as Category I permits. Applications will be processed in accordance with the procedures established in Chapter 12.08. The city council serves as the decision-making body for Category I permits. The requirement for replacement vegetation, species and size, shall be at the discretion of the city council.
(d)
Applications submitted for removal of trees that are part of a landscape plan approved through the design review process will be classified as Category II permits. Applications will be processed in accordance with the procedures established in Section 25.05.040. The design review board shall serve as the decision-making body for Category II permits. The requirement for replacement vegetation, species and size, shall be at the discretion of the design review board upon consideration and recommendation by city staff and the fire department. The zoning administrator or designee shall set a date for the design review board to consider the permit application. Any decision of the design review board may be appealed pursuant to Section 25.05.070. The city manager shall set the date for an appeal public hearing by the city council and shall not be limited by the time period specified in Section 25.05.070(B)(6).
(e)
(1)
Applications submitted for removal of privately maintained trees
located in the public right-of-way will be classified as Category
III permits. The application shall be submitted to the director of
community development by the adjacent property owner responsible for
maintenance of the tree. The director of public works shall be notified
of the application and shall be consulted on the request for removal
of the tree. The director of community development shall serve as
the decision-making body for Category III tree removal permit applications.
(2)
The director of community development or designee shall review the application and evaluate the request for removal based upon the criteria established in Section 12.06.050. The requirement for replacement vegetation shall be considered in accordance with Section 12.06.060. Replacement vegetation shall be at the discretion of the director of community development, who may consult with the director of public works. A certified arborist may also be consulted to prepare a report related to the removal and/or replacement species and size. Fees associated with a certified arborist consultation shall be the responsibility of the applicant. Decisions on Category III applications shall state approval or denial of the permit applicant and note if replacement vegetation is required and shall so state species and size of the replacement tree. The expiration date of the permit shall also be noted on approved applications.
(3)
Category III applications will be noticed pursuant to Section 12.06.090. The notice shall include a date for an on-site meeting to be held not less than ten days from the date of the notice. The director may approve or deny the permit application after consideration of public testimony at the on-site meeting. Any decision of the director of community development may be appealed to the city council pursuant to Section 25.05.070. The city manager shall set the date for an appeal public hearing by the city council and shall not be limited by the time period specified in Section 25.05.070(B)(6).
(Ord. 1630 § 1, 2018)
(a)
Criteria for removal of heritage trees (Category I permits) are established in Section 12.08.070.
(b)
Criteria for removal of Category II trees (trees included on a landscape plan approved through the design review process) are established in Section 25.05.040(F)(7)(H).
(c)
Removal of Category III trees (privately maintained trees in the
public right-of-way) shall be based upon consideration of one or more
of the following criteria:
(1)
The tree proposed for removal is unsuitable to the planting area
in that the area is too small to accommodate the height, trunk diameter
and canopy or root zone of the tree.
(2)
The tree negatively impacts improvements in the public right-of-way
and/or repair of damaged public infrastructure is not possible without
removal of the tree.
(3)
The site is deemed to be overplanted with mature trees and removal
shall enhance the vigor of the remaining trees.
(4)
The topography of the building site renders removal desirable.
(5)
Removal of the tree will not have an adverse impact on adjacent properties
by exposing undesirable features of adjacent structures and/or reducing
the beneficial aspects of shading or screening.
(6)
Removal of the tree will not have an adverse impact on the established
public streetscape or neighborhood aesthetics.
(7)
Replacement trees have been proposed to maintain the urban forest
canopy and the replacement trees are more appropriate to the site
location and to the planting conditions.
(Ord. 1630 § 1, 2018)
In order to replenish the urban forest, replacement trees may
be required for approval of each tree removal permit.
(a)
The city council will determine the requirement for replacement vegetation
and approve the species of replacement vegetation for Category I permits.
(b)
The design review board will determine the requirement for replacement
vegetation and approve the species and size of replacement vegetation
for Category II permits.
(c)
The director of community development will determine the requirement
for replacement vegetation and approve the species and size of replacement
vegetation for Category III tree removal permits. Replacement tree(s)
will be evaluated based on the industry standard for mature height
of the suggested species and any potential view impacts related to
the location and mature height. Replacement vegetation may not be
required when:
(1)
Replacement vegetation will interfere with overhead or underground
utilities.
(2)
Removal is approved due to overcrowding of trees on the site.
(3)
The site, as determined by staff and/or an ISA certified arborist,
is not suitable for replanting considering topography, size of planting
area and /or soil conditions.
(4)
The site lies within a significant watercourse or the adjacent twenty-five-foot
buffer.
The director of community development may request that a certified
arborist determine if a replacement tree shall be required for the
site. When required, the certified arborist may also determine the
appropriate replacement tree species and size. Replacement trees shall
be of a minimum fifteen-gallon size or larger. Any replacement tree(s)
shall be installed within thirty days after the date the tree is removed
from the property. The tree removal permit shall state the species
and size of replacement vegetation or state the determination of the
director of community development for exclusion of the requirement
of a replacement tree. The tree removal permit shall also state that
replacement vegetation shall be installed within thirty calendar days
after removal of the subject tree.
(Ord. 1630 § 1, 2018)
Any permit issued in accordance with Chapter 12.06 that is not acted upon within one year from the date of issuance, or, if an appeal is filed, one year from the date of the final decision, shall become null and void, except that the director of community development or designee has the sole discretion to extend the expiration date of any tree removal permit.
(Ord. 1630 § 1, 2018)
The requirement for a tree removal permit does not apply for
removal of a tree based on the following conditions.
(a)
Trees within a utility easement where an ISA certified arborist,
in writing to the city prior to removal, has determined that such
trees are a hazard to utility lines or utility facilities.
(b)
Trees that pose an imminent threat to public health, safety and welfare
as determined by agents of the city including the city manager, the
director of community development, the director of public works, the
fire chief, the police chief, or the chief of marine safety.
(c)
Trees that are structurally unsound, or unstable as determined by
an ISA certified arborist, in writing to the city prior to removal,
because they are dead, dying, diseased, overcrowded or exhibit other
characteristics that pose a threat to public safety and welfare.
(d)
Trees with a trunk diameter less than six inches when measured four
feet six inches above grade.
(e)
Trees that are subject to a view restoration order adopted by the view restoration committee pursuant to Chapter 12.16.
(f)
Trees located on private property that cannot be classified under
Category I, II or III of this chapter.
(Ord. 1630 § 1, 2018)
Noticing of tree removal permits classified as Category I and II shall comply with the procedures established in Section 25.05.065. The applicant shall be responsible for submitting a noticing list with the permit application from an authorized listing agency. Noticing for permits classified as Category III shall be sent to the claimant, the city council and the city manager, posted on the city's website, emailed to an interested parties list and posted on the tree. In addition, the tree subject to the permit shall be identified with a yellow ribbon. No tree shall be altered in any way after the date of the application and until a final determination has been made, and the application and notice shall so state.
(Ord. 1630 § 1, 2018)
(a)
Any property owner, firm or corporation, including a contractor of
the property owner, who violates any provision of this chapter may
be subject to one or more of the following:
(2)
Daily accrual of civil fines associated with the issuance of an administrative citation pursuant to Chapter 1.15.
(3)
Withholding of the issuance of final building permits for a pending
project until the approved tree removal permit conditions are successfully
implemented.
(4)
Assessment of city costs associated with compliance to the tree removal
permit through a nuisance abatement act or similar proceeding.
(b)
In addition to the provisions of subsection (a), any person committing a violation either knowingly or with intent to remove a tree without a permit may also be subject to an administrative penalty as set forth below. The penalty for removal of permit Category I heritage trees shall be double the penalty for permit Category II and III trees.
|
Removal without or in violation of a permit.
|
Trunk DBH 6″ up to 12″
|
Trunk DBH over 12″ up to 24″
|
Trunk DBH over 24″
|
|---|---|---|---|
|
Permit Category
|
I / II & III
|
I / II & III
|
I / II & III
|
|
First Violation
|
$2,000 / $1,000
|
$6,000 / $3,000
|
$10,000 / $5,000
|
|
Second Violation
|
$6,000 / $3,000
|
$14,000 / $7,000
|
$24,000 / $12,000
|
|
Third Violation
|
$10,000 / $5,000
|
$20,000 / $10,000
|
$30,000 / $15,000
|
|
Note:
|
|
Each tree removed without a permit or in violation of a permit
shall constitute an offense and a separate fine may be assessed. DBH
means diameter at breast height. DBH shall be measured as diameter
at breast height, 4′6″ above the adjacent grade. DBH
of multi-trunk trees shall be calculated as the total DBH of all trunks
greater than 6″.
|
(c)
Any property owner, firm or corporation, including a contractor of
the property owner, who violates any provision of this chapter may
be subject to other administrative, civil or criminal remedies to
the maximum extent permitted by law that may be available to the city.
(Ord. 1630 § 1, 2018)
To the maximum extent permitted by law, administrative remedies
specified in this chapter are in addition to and do not supersede
or limit any and all other remedies, civil or criminal. The remedies
provided for herein shall be cumulative and not exclusive.
(Ord. 1630 § 1, 2018)
Before accepting for filing any request or application submitted relative to Chapter 12.06, the department of community development shall charge and collect a filing fee for each such request or application as determined by resolution of the city council.
(Ord. 1630 § 1, 2018)
All costs associated with the tree removal shall be at the expense
of the property owner. Any damages to the public right-of-way and/or
infrastructure as a result of removal of a tree shall be the responsibility
of the property owner.
(Ord. 1630 § 1, 2018)
