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)