It is the determination of the council that proper and necessary steps should be taken in order to protect and preserve, to the greatest extent possible, mature trees, native oak trees and historic trees, especially where such trees are associated with proposals for urban development, as such trees are a significant, historical, aesthetic and valuable ecological resource. It is the intent of this chapter to maintain and enhance the general health, safety and welfare of the citizens of the city by assisting in counteracting air pollution, by minimizing soil erosion and other related environmental damage and by enhancing the aesthetic environment of the city.
(Ord. 101 § 1, 1988)
The provisions of this chapter shall apply to all living historic trees, native oak trees and mature trees, including, but not limited to, where those trees are associated with proposals for urban development, on all public or private property within the limits of the city, except as specified in Section 12.12.090 of this chapter.
(Ord. 101 § 1, 1988)
For the purpose of this chapter, certain words and phrases used in this chapter shall be defined as follows:
"Associated with a proposal for urban development"
means any land area for which an application for an entitlement, other than for a zone clearance, has been filed with and is pending consideration by the city. If such entitlement has been approved but the related project or applicable phase thereof has not been completed, the city shall attempt to work with the applicant to save as many trees which are protected by this chapter as possible.
"Dripline"
means the outermost edge of the tree's canopy. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead.
"Historic tree"
means a living tree designated by resolution of the city council as an historic tree because of an association with some event or person of historical significance to the community or because of special recognition due to size, condition or aesthetic qualities.
"Lot"
means an area of land created or established for purposes of sale, lease, finance, division of interest or separate use, separated from other lands by description on a final map or parcel map.
"Mature tree"
means a living tree with a cross-sectional area of all major stems, as measured four and one-half (4½) feet above the root crown, of 72 or more square inches.
"Native oak tree"
means a living tree of the genus Quercus and species lobata, agrifolia, dumosa or hybrids thereof.
(Ord. 101 § 1, 1988)
A. 
Where one or more native oak trees, historic trees or mature trees are associated with any proposal for urban development, the director of community development or his or her designated representative, shall cause a report to be prepared on those trees, otherwise, tree removals (public and private) shall be processed through the community services department.
B. 
An applicant for a proposal for urban development shall provide to the city the precise vertical and horizontal location within plus or minus one foot of each mature tree on the subject parcel and the generalized locations of all mature trees within 20 feet of the project boundary.
C. 
Tree reports shall be prepared by an arborist, horticulturist or registered landscape architect who are on a list approved by resolution of the city council. Tree reports shall include the following information:
1. 
Tree type by common name and genus and species;
2. 
The diameter of trunks or main stems as measured four and one-half (4½) feet above the root crown;
3. 
The average spread of each tree;
4. 
A letter grade for the health of each tree. Grades employed shall be "A" for outstanding, "B" for good, "C" for average, "D" for below average;
5. 
A letter grade for the aesthetic quality of each tree employing those grades defined in subsection (C)(4) of this section;
6. 
Disclosure of any significant disease or insect infestations, heart rot, fire, mechanical or wind damage;
7. 
Recommended tree surgery, chemical treatment or other remedial measures intended to improve the health, safety or life expectancy of the tree;
8. 
Appraisal value of each tree which shall be established and provided to the city using the most recent edition of the Guide for Establishing Values of Trees and Other Plants, prepared by the Council of Tree Landscape Appraisers.
D. 
The director of community development, or his or her designated representative, may waive the requirement for a tree report or may waive the requirement for survey of one or more trees based upon the director's judgment that the tree(s) would have little or no value in that location.
(Ord. 101 § 1, 1988)
A. 
Initial project layout, design and grading shall recognize the desirability of preserving native oak trees, historic trees or mature trees with appropriate modifications and adjustments to accommodate preservation and maintenance by locating the best candidates in areas where preservation is feasible. Design of the grading and other improvements shall reflect consideration of the following safeguards:
1. 
Location in minimum growing areas as required by individual species;
2. 
No disruption or removal of structural feeder roots;
3. 
Fencing of trees at or beyond their driplines during grading and construction activities;
4. 
No filling, cutting, development or compaction of soils within the dripline;
5. 
Such other measures required by the species of tree to be preserved as recommended by the consulting arborist, horticulturist or landscape architect.
B. 
It is recognized that the complete preservation of healthy trees may sometimes conflict with normal land developmental considerations such as proper drainage, grading, circulation, safety and provision of utilities. Within a given development, it may not be practical to preserve all healthy trees, and therefore, the city and the developer must be willing to compromise the goal of complete tree preservation in order to address other public safety and design concerns. In such instances, the design of the development must address preservation of the most desirable and significant of the healthy trees and the developer is encouraged to utilize creative land planning techniques to achieve this end.
C. 
The planning commission of the city, when reviewing development plans, shall determine the adequacy and appropriateness of the proposed preservation plan.
D. 
Following approval of such a development, the developer shall submit grading, improvement and precise landscaping plans detailing the approved preservation plan. Such plans shall be approved by the city engineer and/or the director of community development, as appropriate. Prior to use inauguration, the preserved trees shall be trimmed for balance, structural integrity, ornamental appearance and treated for any diseases.
E. 
The precise vertical and horizontal locations plus or minus one foot of all mature trees shall be shown on an exhibit as part of the initial application for any project unless that project would involve no exterior construction activities.
(Ord. 101 § 1, 1988)
The appropriate department shall give priority to inspection of those requests based upon hazardous conditions, and may refer any request to the appropriate commission for determination.
A. 
Permit Required. No native oak tree, historic tree or other mature tree, where that tree is on public or private property, except as provided for in subsection B of this section, or is associated with a proposal for urban development, shall be removed, cut down, or otherwise destroyed, unless a tree removal permit has been issued by the city. The director of community services shall establish the format and information required for a tree removal permit consistent with this chapter. In no event shall a permit be denied if to do so would cause interference with the economic use and enjoyment of the property.
B. 
Single Parcel Review Requirement. Permits for removal of trees on any single parcel shall be required from the appropriate commission or director or designee as follows:
1. 
For any historic tree on the parcel;
2. 
For removal of one or more historic trees, mature trees or native oak trees when such trees are in the front yard, side yard or rear yard which abuts a public street. For purposes of this section only, "front yard" means that portion of the property extending from the front of a structure, forward to the front property line; the "side yard" means that portion of the property extending from the side of a structure in front to the rear property line; "rear yard" means that portion of the property extending from the rear of a structure backward to the rear property line, as shown in the following diagram:
C. 
Site Inspection. Prior to the issuance of such permit, the appropriate director, or designee, shall inspect the premises involved and shall designate the tree(s) to be removed or moved. Failure to provide access to the premises shall be grounds for denial of the permit.
D. 
Project Approval Required. No tree removal permit shall be issued for the removal of any tree on any lot associated with a proposal for urban development unless the project has been approved by the city or unless the director of community development, or designee, determines that the immediate removal of the tree is required because of the condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services.
E. 
Removal Not Associated with a Proposal for Urban Development. Where tree(s) are proposed for removal that are not associated with a proposal for urban development, the director of community services, or designee, may condition a tree removal permit upon the replacement of the certain tree(s). Any applicant for a tree removal permit shall not be required to expend more on the replacement tree(s) than the appraised value of the tree(s) for which a permit is required. An appraisal shall be done in accordance with Section 12.12.050(C).
F. 
Removal Associated with a Proposal for Urban Development. Where tree(s) are proposed for removal that are associated with a proposal for urban development, the director of community development, or designee, shall cause an appraisal of the value of said tree(s) to be prepared in accordance with Section 12.12.050(C).
The resulting value shall be applied to upgrading the size of tree plantings associated with the project. Trees for which no tree report has been required pursuant to Section 12.12.050(D) shall not be subject to appraisal or replacement by value.
G. 
Tree Replacement Waiver. In no case shall an applicant for a tree removal permit be required to replace or otherwise pay for the value of any tree which:
1. 
The city has directed the applicant to remove so that a public street may be constructed along an alignment determined or approved by the city engineer or adequate line-of-sight distance may be achieved in order to assure public safety; or
2. 
Removal was necessitated due to the health of the tree.
(Ord. 101 § 1, 1988; Ord. 107 § 1, 1989)
Determination by the city to issue a tree removal permit, shall be based upon the following criteria:
A. 
The condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services or, in the case of a native oak tree, interference with an addition to an existing single-family detached home;
B. 
The necessity to remove a historic tree, native oak tree or mature tree in order to construct improvements which allow economic enjoyment of the property;
C. 
The number of historic trees, native oak trees and mature trees existing in the neighborhood;
D. 
Good forestry practices, i.e., the number of healthy mature trees that a given parcel of land will support;
E. 
Whether or not removal of the tree is necessary to construct required improvement within the public street right-of-way or within a flood control or utility right-of-way; and
F. 
The suitability of the tree species for use in that location.
(Ord. 101 § 1, 1988)
The following are exempt from the provisions of this chapter:
A. 
Emergency Situation. Cases of emergency where the director of community services or designee, or any member of a law enforcement agency or the Ventura County Fire Protection District, in the performance of his or her duties, determines that a tree poses an imminent threat to the public safety, or general welfare. If conditions and circumstances permit, the public official shall consult with the director of community development, or designee, prior to ordering the removal of any mature tree;
B. 
Traffic Engineer. Removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the city traffic engineer;
C. 
Public Improvement Damage. Removal of trees from within public right-of-way, which in the opinion of the director of public works, or designee, will cause damage to existing public improvements;
D. 
Public Utility Damage. Actions taken for the protection of existing electrical power or communication lines or other property of a public utility;
E. 
Trees for Sale. Trees planted, grown or held for sale by a private individual or nursery;
F. 
Pruning and Trimming. Pruning or trimming which does not endanger the life of the tree.
(Ord. 101 § 1, 1988)
Nothing in this chapter shall be deemed to impose any liability or duty upon the city or upon any of its officers, employees or agents, nor to relieve the owner and occupant of any private property from the duty to keep historic trees, mature trees or native oak trees upon such property or under his control, in a safe condition.
(Ord. 101 § 1, 1988)
A. 
Decisions relating to proposals for urban development which are made by the director of community development may be appealed to the planning commission. Such appeal procedures shall be those specified in Article 11 of the zoning ordinance of the city.
B. 
Decisions relating to single parcels which are made by the director of community services may be appealed to the parks and recreation commission under its normal procedures of appeal; however, in no event shall the fee for appeal exceed $50.
(Ord. 101 § 1, 1988)