This ordinance shall be known, and may be cited, as the Tree
Preservation Ordinance.
(SCC 480 § 1, 1981)
For at least several centuries prior to the arrival of the first
Spanish explorers in California, native oak trees existed as dominant
and magnificent features in the landscape of the Central Valley of
California. These trees provided a predominant food staple for original
Indian inhabitants, and a major source of firewood and building material
for early explorers and settlers. Over the years, the vast majority
of these trees have been cleared to accommodate agriculture, burned
as firewood and removed to facilitate urban development. Only a small
vestige of the original oak woodland forests remains today. The removal
of oak trees continues to the present time, and occurs at a much faster
pace than natural regeneration. Thus, it has become imperative that
an ordinance be established to preserve and protect remaining native
oak trees as significant, integral, and outstanding examples of the
historical heritage of Sacramento County.
Furthermore, it is recognized that the preservation of trees
enhances the natural scenic beauty, sustains the long term potential
increase in property values which encourages quality development,
maintains the original ecology, retains the original tempering effect
of extreme temperatures, increases the attractiveness of the County
to visitors, helps to reduce soil erosion, and increases the oxygen
output of the area which is needed to combat air pollution.
For these reasons, in order to promote the health, safety, and
general welfare, to preserve and protect significant historical heritage
values, to enhance the beauty of the County of Sacramento, and to
complement and strengthen zoning, subdivision and land use standards
and regulations, while at the same time recognizing individual rights
to develop private property, the Board of Supervisors adopts this
ordinance, establishing basic standards and measures for the preservation
and protection of trees.
It shall be the policy of the County to preserve all trees possible
through its development review process.
(SCC 480 § 1, 1981)
The provisions of this ordinance shall be liberally construed
to effectuate their purposes. If any section, clause, provision or
other portion of this ordinance is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this ordinance
shall not be affected thereby. Interpretation of this ordinance rests
with the County Planning Commission.
(SCC 480 § 1, 1981; SCC
1400 § 21, 2008)
For the purposes of this chapter, certain words or terms used
herein shall be interpreted as follows: words in the present tense
include the future; words in the singular include the plural number.
As used in this chapter as "approving body" shall be any
one of the following: County Board of Supervisors, Director of Public
Works, County Planning Commission, Board of Zoning Appeals, Subdivision
Review Committee, or the Zoning Administrator.
Diameter at breast height is the diameter of a tree measured
at four and one-half feet above the ground while standing on the high
side of the tree. The diameter may be calculated by use of the following
formula:
|
diameter = circumference / 3.142
|
Beginning at the crossing of the Sacramento River by Interstate
880; thence northeasterly on 880 to its intersection with the east
main drainage canal; thence northeasterly on 880 to its intersection
with the east main drainage canal; thence northerly to the County
Line; thence easterly along the County Line to the City of Folsom;
thence southerly along the City Limits to Highway 50; thence easterly
on Highway 50 to Prairie City Road, thence southerly on Prairie City
Road to White Rock Road; thence southwesterly on White Rock Road to
Grantline Road to Douglas Road; thence westerly on Douglas Road to
Sunrise Boulevard; thence southerly on Sunrise to Jackson Highway;
thence westerly on Jackson Highway to Bradshaw Road; thence southerly
on Bradshaw Road to Calvine Road; thence westerly on Calvine Road
to Highway 99; thence southerly on Highway 99 to Bond Road; thence
easterly on Bond Road to Waterman Road; thence southerly on Waterman
Road to Grantline Road; thence southwesterly on Grantline Road to
Highway 99; thence northwesterly on Highway 99 to Elk Grove Boulevard;
thence westerly on Elk Grove Boulevard to Interstate 5; thence northerly
on Interstate 5 to the City Limits; thence westerly along the City
Limits to the Sacramento River; thence northerly on the Sacramento
River to the point of beginning.
As used in this chapter a "discretionary project" shall be
a project that must be approved by one of the following approving
bodies: Board of Supervisors, County Planning Commission, Board of
Zoning Appeals, Subdivision Review Committee, or Zoning Administrator.
Discretionary projects shall include, but are not limited to: a special
development permit, a parcel map, a parking reduction permit, a rezone,
a site plan approval permit, a subdivision map, a variance, or a conditional
use permit.
An area delineated by projection of the periphery of the
crown area of a tree down to the ground surface.
Shall include any of the following: valley oak (Quercus lobata),
interior live oak (Quercus wislizenii), blue oak (Quercus douglasii),
or oracle oak (Quercus morehus).
Shall include all land owned by private interest, and not
designated public land.
Shall include all lands in public trust, federal, state,
and local, including but not limited to, public rights of way, easements,
and parks.
Shall be any tree with one-half, or more, of its trunk or
branches on or above public land.
As used in this chapter, a "tree" shall mean any living native
oak tree having at least one trunk of six inches or more in diameter
measured four and one-half feet above the ground, or a multi-trunked
native oak tree having an aggregate diameter of ten inches or more,
measured four and one-half feet above the ground (dbh).
A tree permit is an authorization by the Director of Public
Works for the removal of a tree.
(SCC 480 § 1, 1981; SCC
1400 § 22, 2008)
Except as provided in subsection (c) of this section, this chapter
shall not apply to:
a.
Any
lot located in the designated urban area (1) created by a final subdivision
map, consisting of five or more lots, (2) each lot having an area
of 10,000 square feet or less, and (3) developed with a single family
detached house, a duplex or a halfplex.
b.
Any
lot located in any of the following named subdivisions including all
units thereof: Sierra Oaks Vista, Sierra Oaks, Arden Park Vista and
Arden Oaks.
c.
No
land located in the designated urban area and within the 100-year
floodplain shall be exempt from the provisions of this chapter.
(SCC 480 § 1, 1981)
No person shall trench, grade or fill within the dripline of
any tree or destroy, kill or remove any tree as defined, in the designated
urban area of the unincorporated area of Sacramento County, on any
property, public or private, without a tree permit, or unless authorized
as a condition of a discretionary project approval by the Board of
Supervisors, County Planning Commission, Zoning Board of Appeals,
the Zoning Administrator or the Subdivision Review Committee.
(SCC 480 § 1, 1981; SCC
1400 § 23, 2008)
No County agency or Department shall issue tree cutting, encroachment
or any other permits which purport to authorize a use, construction,
or other activity which is subject to the provisions of this ordinance
or the zoning code prior to review and approval as provided in this
chapter.
(SCC 480 § 1, 1981)
a.
Private
Land Not in Conjunction with Other Discretionary Development. The
preservation or removal of trees within privately owned land and not
in conjunction with a previously approved discretionary development
project shall be the responsibility of the Director of Public Works.
b.
Discretionary
Project. The preservation or removal of trees as a condition of approval
of a discretionary project shall be the sole and continuing responsibility
of the approving body which granted approval of the project.
c.
Parks.
The preservation or removal of trees within parks, parkways, and public
recreation easements, shall be the responsibility of the Director
of Parks and Recreation.
d.
Other
Public Land. Preservation or removal of trees within other County
owned lands or public easements, shall be the responsibility of the
Director of Public Works.
(SCC 480 § 1, 1981)
Any person desiring to cut down, destroy or remove one or more
trees shall make application to the approving body not less than ten
days prior to the time desired to physically remove the tree. Said
application shall contain:
1.
A brief
statement of the reasons for removal;
2.
Consent
of the owner or record of the land on which the proposed activity
is to occur;
3.
A tree
survey with the accurate location, number, species, size (diameter
measured 4½ feet above the ground, approximate heights, and
approximate canopy diameter) and approximate age (if known) of the
tree or trees to be removed;
4.
If
the project involves other discretionary development, then this survey
must be part of the total development plan and must also describe
any tree or trees which could be affected by the proposed development;
and
5.
Any
other pertinent information.
(SCC 480 § 1, 1981)
Prior to the issuance of such permit, the approving body shall
ascertain whether or not the tree cannot or should not be retained.
The determination of the approving body in granting or denying
a permit shall be based upon the following criteria:
1.
Whether or not the preservation of the tree would unreasonably
compromise an owner's development of land;
2.
The
condition of the tree with respect to disease, general health, damage,
danger of falling, and whether or not the tree acts as a host for
an organism which is parasitic to another species of tree which is
in danger of being exterminated by the parasite;
3.
The
approximate age of the tree compared with the average life span for
that species;
4.
Age
of tree with regard to whether or not removal of the tree would encourage
healthier, more vigorous growth of younger similar trees in the area;
5.
The
number of existing trees in the area and the effect of the tree removal
upon public health, safety, prosperity, beauty and general welfare
of the area;
6.
The
number of healthy trees that a given parcel of land will support,
with and without the proposed development;
7.
The
effect of tree removal on soil stability/erosion, particularly near
water courses or on steep slopes;
8.
The
potential for the tree to be a public nuisance, or interfere with
utility service, as well as its proximity to existing structures;
9.
Present
and future shade potential with regard to solar heating and cooling;
10.
Whether
or not there are any alternatives that would allow for the preservation
of the tree; and
11.
Any
other information the body finds pertinent to the decision, including,
if necessary, information obtained at a public hearing.
(SCC 480 § 1, 1981)
1.
If
a permit is denied, the Director of Public Works shall provide written
notification, including the reasons for denial, to the applicant.
2.
A granted
permit shall be valid for a period of six months from the date of
issuance. An extension of time may be granted not to exceed six months.
3.
It
shall be the responsibility of the person trenching, grading or filling
within a tree dripline or cutting, destroying or removing any tree
under this chapter to have the tree permit or a copy of the conditions
of approval imposed by the approving body at the tree removal site.
4.
The
permit, or the conditions of approval granted by the approving body,
shall entitle the applicant to remove only the tree or trees approved
for removal.
(SCC 480 § 1, 1981)
It shall be the responsibility of the applicant to demonstrate
the need for a permit or other approval issued pursuant to the provisions
of this ordinance.
In considering any application or permit relating to the provisions
of this ordinance the approving body may approve such permit or application
standards and requirements of this ordinance regulating environmental
control or development.
In passing judgment upon permits or applications required pursuant
to the provisions of this ordinance the approving body may impose
such reasonable conditions of approval as are necessary and appropriate
to minimize the environmental, health or safety effects of the development
or use.
(SCC 480 § 1, 1981)
Any decision made by any approving body other than the Board
of Supervisors may be appealed by the applicant property owner to
the Board of Supervisors. Such appeal must be submitted in writing
to the Clerk of the Board within 15 days of the date on which the
original decision occurred briefly stating the facts and grounds of
appeal, and signed by the appellant. Upon receipt of said appeal,
the Clerk of the Board shall set the item on the Board's agenda not
later than 30 days from the date of filing said appeal, and shall
notify the appellant of the hearing date. The Clerk of the Board shall
at the time of setting the date of the hearing also mail a copy of
the appeal, together with a notice of public hearing to each member
of the Board and the Director of public works. Following the hearing
of any such appeal, the Board may affirm, reverse or modify the former
action. The action of the Board of Supervisors on any such appeal
shall be final and conclusive.
(SCC 480 § 1, 1981)
The approving body may mandate any or all of the following control
measures to mitigate damage to oak trees caused by land development:
a.
No
grade cuts greater than one foot shall occur within the driplines
of oak trees, and no grade cuts whatsoever shall occur within five
feet of their trunks;
b.
No
fill greater than one foot shall be placed within the driplines of
oak trees and no fill whatsoever shall be placed within five feet
of their trunks;
c.
No
trenching whatsoever shall be allowed within the driplines of oak
trees. If it is absolutely necessary to install underground utilities
within the driplines of an oak tree, the trench shall be either bored
or drilled;
d.
No
irrigation system shall be installed within the driplines of oak tree(s)
which may be detrimental to the preservation of the oak tree(s) unless
specifically authorized by the approving body or the Director of Public
Works.
e.
Landscaping
beneath oak trees may include non-plant materials such as boulders,
cobbles, wood chips, etc. The only plant species which shall be planted
within the driplines of oak trees are those which are tolerant of
the natural semi-arid environs of the trees. Limited drip irrigation
approximately twice per summer is recommended for the understory plants.
Permitted plants include:
1.
Iris
douglasiana hydrids (native iris)
2.
Heuchera
species (coral bells)
3.
Aloe
species
4.
Dudleya
species
5.
Sisyrinchium
bellum (blue-eyed grass)
6.
Hemerocallis
hybrids (day lily)
7.
Cyclamen
neopolitanum
8.
Mimulus
aurantiacus and hybrids (monkey flowers)
9.
Artemisia
species
10.
Achillea tomentosa (woolly yarrow)
11.
Symphoricarpos millis (prostrate snowberry)
12.
Mahonia repens (creeping Mahonia)
13.
Mahonia nervisa (long leaf Mahonia)
14.
Mahonia aquifolliium compacts (compact Oregon grape)
15.
Archtostaphylos edmundsil "Carmel Sur" (Sur manzanita)
16.
Arctostaphylos hookeri "Monterey Carpet"
17.
Sollya heterophylla (Austrailian bluebell creeper)
18.
Ribes viburnifolium (Catalina fragrance)
19.
Daphne odora (winter daphne)
20.
Arctostaphylos hookeri "Wayside"
21.
Arctostaphylos densiflora "Howard McMinn"
22.
Symphoricarpos rivularis (snowberry)
23.
Rhamnus californica "Eve Case" (California coffeeberry)
24.
Heteromoles arbutifolia (toyon)
25.
Choisya ternata (Mesican orange or mock orange)
f.
Paving
within the driplines of oak trees should be stringently minimized.
When it is absolutely necessary, porous material should be used.
(SCC 480 § 1, 1981)
a.
Adequate
security may be required for any project for which a permit or other
approval is required pursuant to provisions of this ordinance or the
Zoning Code. The purpose of such security shall be to guarantee the
applicant's compliance with conditions of approval and County ordinance
provisions regarding tree protection and preservation. Security may
also be required at the discretion of the approving body to insure
to completion of any additional work specified as a condition of permit
approval or other approvals.
b.
The
security shall be in the amount of 100% of the estimated cost of the
required work.
c.
The
security may be in the form of a letter of credit, cash deposit, or
a combination thereof and shall be approved by County Counsel.
d.
The
security may be required by the approving body whenever it appears
that substantial work is required by the County or its agencies on
the following:
e.
The
terms and conditions of the security shall be determined by the approving
body and shall be stated in the conditions of approval.
f.
Security
posted on actual work required shall be maintained for a period of
time not to exceed five years.
g.
Any
interest gained on case security posted by requirement of the agency
shall accrue to the applicant and his or her designee.
(SCC 480 § 1, 1981)
The approving body shall have the authority to adopt mitigation measures as conditions of approval for discretionary projects in order to protect other species of trees, in addition to the oaks. Violations of such adopted conditions shall be subject to the penalties described in Sections 19.12.190, 19.12.200, and 19.12.210, of this ordinance.
(SCC 480 § 1, 1981)
Grading beneath trees to be saved shall be given special attention.
Every reasonable effort shall be made to avoid creating conditions
adverse to the tree's health. The natural ground within the driplines
of protected trees shall remain as undisturbed as possible. Grading
within the driplines of oak trees will not be permitted unless specifically
authorized by the approving body or by the Director of Public Works.
a.
Major
roots two inches or greater in diameter encountered within the tree's
dripline in the course of excavation from beneath trees which are
not to be removed shall not be cut and shall be kept moist and covered
with earth as soon as possible. Roots one inch to two inches in diameter
which are severed shall be trimmed and treated with pruning compound
and covered with earth as soon as possible.
b.
Support
roots that are inside the dripline of the tree shall be protected.
The permittee is required to hand-dig in the vicinity of major trees
to prevent root cutting and mangling which may be caused by heavy
equipment.
c.
Cross
sections may be required where trees are located adjacent to roadways,
new slopes or critical areas. In addition, a dimension from the face
of a tree to some critical point or line may be required.
d.
Any
condition imposed by a Planning Commission, the Zoning Administrator,
the Board of Zoning Appeals, the Subdivision Review Committee, or
the Board of Supervisors relating to grading in the vicinity of trees,
is incorporated into and made a part of the improvement standards.
The consulting engineer for the project shall verify in writing on
a form to be provided by the Director of Public Works that the grading
has been completed as required by this section and any conditions
imposed by a Planning Commission, the Zoning Administrator, the Board
of Zoning Appeals, the Subdivision Review Committee, or the Board
of Supervisors.
(SCC 480 § 1, 1981)
In case of emergency caused by the tree being in a hazardous
or dangerous condition, requiring immediate action for the safety
of the structures or human life, such tree may be removed by permission
of the Director of Public Works during normal working hours or the
applicable fire district at other times.
(SCC 480 § 1, 1981)
The Board of Supervisors by resolution shall establish a fee
to cover the expenses of the application and appeal process.
(SCC 480 § 1, 1981)
Whenever the Director of the Public Works Department, a Planning
Commission or the Board of Supervisors of the County determines that
any permit, or variance or any action being taken thereunder, or any
action under it without a permit, is in conflict with this ordinance
or with the standards established by the County or any department
thereof, or ordinance, regulation, or policy, it shall issue a stop
work order which shall prohibit any action thereunder. Such stop work
order shall set forth the alleged violations and may list remedies
to be taken to correct the violations. The person receiving such a
stop work order shall report in writing to the officer, person or
body issuing the order within 48 hours regarding the next steps to
be taken to correct the violations. Such stop work order may be extended
to provide an opportunity for a hearing being extended to the affected
party. During the period of such extension, the Planning Commission
shall review the matter as herein provided. A stop work order issued
pursuant to this section may be withdrawn by the Public Works Department
or the officer who issued it upon a finding that the circumstances
giving rise to the order no longer exists.
(SCC 480 § 1, 1981)
In addition to or instead of the measures set forth in this
chapter, the County Planning Commission or the Board of Supervisors
may suspend any permit subject to a public post-suspension hearing
upon the finding that a violation of conditions of approval has occurred.
Following the public hearing, if the County revokes the permit
or finds that a violation of conditions of approval has occurred,
it may require conditions of restoration. Said restoration shall include
a requirement to replace in-kind any oak tree(s) which have been removed
without a permit. Further, the replacement shall consist of specimen
trees (no less than a 15 gallon size) having a total combined diameter
equal to the total combined diameter of the illegally removed tree(s).
If the project site is not capable of supporting all the required
replacement trees, the violator shall pay to the County a sum equivalent
to the retail cost of the number of trees that cannot be accommodated.
These funds will be deposited in the Tree Preservation Fund maintained
by the County of Sacramento Administration and Finance Agency as set
forth in Section 19.12.240.
(SCC 480 § 1, 1981; SCC
14000 § 24, 2008)
Any violation of the provisions of this chapter is unlawful
and a public nuisance, and the fully constituted authorities of the
County shall immediately commence an action proceeding for the abatement
and enjoinment thereof and shall take other steps in the manner provided
by law. The cost of such abatement of the public nuisance shall become
a lien on the property pursuant to Government Code Section 25845.
A violation of this chapter is a misdemeanor and is punishable
by imprisonment in the County Jail for a period up to six months or
by a fine of $500 or both.
(SCC 480 § 1, 1981)
A Tree Preservation Fund is established for Sacramento County for the purposes specified in Section 19.12.200. The monies received in lieu of replacement of illegally removed trees shall be forwarded to the County Treasurer for deposit in the Tree Preservation Fund. Except as provided in this section, under no circumstances shall the funds collected by the County Treasurer for the Tree Preservation Fund be directed to any other fund to be used for any other purposes other than for tree planting and preservation programs and public education programs regarding trees. Tree Preservation Fund monies may be directed by the Board of Supervisors to non-profit organizations for the implementation of programs consistent with the purposes of the Tree Preservation Fund.
(SCC 480 § 1, 1981; SCC
0898 § 1, 1992)
The remedies provided for herein shall be cumulative and not
exclusive.
(SCC 480 § 1, 1981)
