Editor's note—Chapter 10, Cutting and Removal of Oak and Sycamore Trees, consisting of §§ 4-10.01 through 4-10.07, added by Ord. No. 504, effective March 10, 1977; amended in its entirety by Ord. No. 592, effective August 27, 1981; renumbered to be Chapter 11 by Ord. No. 800, effective August 8, 2008.
This chapter is established to recognize oak, sycamore, heritage
and other mature trees as significant historical, aesthetic and ecological
resources and to create favorable conditions for the preservation
and propagation of this unique irreplaceable plant heritage for the
benefit of current and future residents of the City. It is the intent
of this chapter to recognize the special value of tree species that
are native to the City because they are especially adapted to the
local environment, provide important wildlife habitat and contribute
to the goals of a sustainable community. An equally important goal
of this chapter is to maintain and enhance the public health, safety
and welfare through the mitigation of soil erosion and air pollution.
In addition, this chapter is designed to preserve and enhance property
values by enhancing the distinctive and unique aesthetic character
of many areas of the City in which oak, sycamore, heritage and other
mature trees live.
(§ 1, Ord. 592, eff. August 27, 1981, as amended by § 1, Ord.
689, eff. November 29, 1991 and § 1, Ord. 738, eff. July 22, 1999, as renumbered
by § 2, Ord. 800, eff. August
8, 2008)
The provisions of this chapter shall apply to all oak, sycamore, heritage and designated mature trees, as those terms are defined in Section 4-11.03, on all public and private property.
(§ 1, Ord. 592, eff. August 27, 1981, as amended by § 3, Ord.
661, eff. March 14, 1989, § 2, Ord. 689, eff. November 29, 1991, and
§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
For the purpose of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are defined
as follows:
shall mean that area equal to the full breadth of the tree
measured on the tree's trunk at four and one-half feet from its basal
root crown. Limb diameter is measured at the limb or trunk from which
it originates.
shall mean the Community Development Director in a matter
involving private property and the Public Works Director in a matter
involving public property or property to be dedicated for public use.
shall mean the area around a tree that encompasses a series
of points formed by the vertical dripping of water from the outward
branches and leaves of a tree, plus five feet beyond those points.
shall mean a situation in which a tree and/or its limbs are
determined by the Director or public safety officers to pose an imminent
threat to public safety, property or to the health of a protected
tree.
shall mean any tree of any genus, whether a species or hybrid
of any size, which is designated as such by a resolution of the City
Council based on its historical, cultural or other value as determined
by the City Council.
shall mean shall mean any tree species designated as such
by a resolution of the City Council based on its historical, cultural
or other value as determined by the City Council, and which is equal
to or greater than 12 inches in diameter as measured four and one-half
feet above the root crown or, in the case of a tree with more than
one trunk, any such tree for which the sum of its two largest trunks
equals or is greater than 14-½ inches as measured four and
one-half feet above the root crown. "Mature tree" shall not apply
to any tree grown or held for sale in a licensed nursery nor to the
first removal or transplanting of a tree pursuant to the operation
of a licensed nursery business.
shall mean any single trunked tree of the Quercus genus equal
to or greater than eight inches in diameter as measured four and one-half
feet above the root crown or, in the case of an oak with more than
one trunk, any such tree for which the sum of its two largest trunks
equals or is greater than 11 inches as measured four and one-half
feet above the root crown. "Oak tree" shall not apply to any tree
grown or held for sale in a licensed nursery nor to the first removal
or transplanting of a tree pursuant to the operation of a licensed
nursery business.
shall mean the acts of keeping or saving a tree from harm
or destruction by proper maintenance, pruning and treatment and other
means of safeguarding trees.
shall mean land owned by individuals, partnerships, corporations,
firms, churches, fraternities and the like to which land access by
the public is generally restricted.
shall mean the cutting of any limb, branch, twig or other
stem.
shall mean land owned by a public or governmental entity
and generally accessible to the public.
shall mean a list of trees adopted by the City Council that
are native and/or wellsuited to the local environment that have been
approved as replacement plantings to mitigate the impacts caused by
the removal, relocation or destruction of trees protected by this
chapter.
shall mean that portion of a tree trunk from which roots
extend laterally into the ground.
shall mean any tree of the Platanus genus equal to or greater
than eight inches in diameter as measured four and one-half feet above
the root crown or, in the case of a sycamore with more than one trunk,
any such tree for which the sum of its two largest trunks equals or
is greater than 10 inches as measured four and one-half feet above
the root crown. "Sycamore tree" shall not apply to any tree grown
or held for sale in a licensed nursery nor to the first removal or
transplanting of a tree pursuant to the operation of a licensed nursery
business.
(§ 1, Ord. 592, eff. August 27, 1981, as amended by §§ 4, 5, Ord. 661, eff. March 14, 1989, § 3, Ord. 689, eff. November 29, 1991, § 1, Ord. 738, eff. July 22, 1999, as renumbered
by § 2, Ord. 800, eff. August
8, 2008, and as amended by § 2, Ord. 870, eff. March 17, 2017)
(a)
Single-family zoned properties with an existing dwelling. A permit shall be required when any person wishes to perform the
following acts on property which is zoned single-family residential:
(1)
Remove, cut down, destroy or relocate an oak or a sycamore or heritage
tree;
(2)
Prune live limbs over four inches in diameter of an oak or a sycamore
or heritage tree;
(3)
Trench, grade, fill, compact or place construction material of any
type in the drip line of an oak or a sycamore or heritage tree.
(4)
Remove more than 25% of the canopy of an oak, sycamore, or heritage
tree.
(b)
All other vacant and developed properties. Except as otherwise
set forth herein, a permit shall be required when any person wishes
to perform the following acts on all vacant and developed property
other than property which is zoned single-family residential:
(1)
Remove, cut down, destroy or relocate an oak or a sycamore, heritage
or mature tree;
(2)
Trench, grade, fill, compact or place construction material of any
type in the drip line of an oak or a sycamore, mature or heritage
tree;
(3)
Prune live limbs over four inches in diameter of an oak or a sycamore
or heritage tree;
(4)
Remove more than 25% of the canopy of an oak, sycamore, heritage
or mature tree.
(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008, and amended
by § 2, Ord. 870, eff. March 17,
2017)
Prior to the granting of a permit, an application for a permit
shall be submitted to the Director. The basic form, content, instructions,
procedures and requirements of the application deemed necessary for
the proper enforcement of this chapter shall be established by the
Director.
(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
(a)
Applications for a permit for removal, destruction or relocation
of a tree. Applications for a permit to remove, destroy or
relocate an oak or a sycamore, mature or heritage tree shall be accompanied
by a report to be prepared by an arborist certified by the International
Society of Arboriculture ("ISA") at the applicant's expense. The applicant
shall deposit funds with the City for this purpose.
(1)
The arborist's report shall include an assessment of the health of
the affected tree(s) and recommended mitigation measures and/or conditions
of approval. The report should also note if there are active birds
nests observed in the tree.
(2)
The arborist's report shall include a monetary valuation of the tree
using the ISA's method for appraising trees.
(3)
The arborist who prepares the report shall not participate in or
profit from the removal, destruction or relocation of the tree.
(4)
If the report determines that the tree is hazardous or in a serious
state of decline due to pest infestation or other cause by no fault
of the owners, the permit fee shall be waived by the City. In addition,
no replacement mitigation shall be required.
(b)
Applications involving tree pruning or trimming (applies to oaks,
sycamores and heritage trees).
(1)
If the pruning work is going to be performed by an ISA-certified
arborist or under the direct field supervision of an ISA-certified
arborist, no arborist's report shall be necessary and permit fees
shall be waived. However, the certified arborist shall be required
to complete and submit a permit application with proof of current
ISA certification. The certified arborist shall state on the application
whether active birds nests are present.
(2)
If the pruning work is to be performed by a certified tree worker
or similar certification deemed acceptable to the Director, a report
from a certified arborist shall be required. The applicant shall either
submit the tree report with the application or deposit funds so that
the City may arrange for the arborist's report at the applicant's
expense. The arborist's report shall include the number and location
of affected trees and the standards to which the pruning shall be
conducted to promote the health of the tree. The standards may include,
but are not limited to, the maximum size of the limb or branch which
may be pruned and the percentage of the tree limbs and branches which
may be removed. The report should note if active birds nests are present.
(c)
Applications involving grading, trenching, filling or placing construction
materials in the drip line of a tree. Applications for a permit involving grading, trenching, filling or placing materials in the drip line of a tree shall be accompanied by a report prepared by an ISA-certified arborist pursuant to Section 4-11.04(a) or deposit funds so that the City can arrange for an arborist's report at the applicant's expense.
The report shall list each of the oak, sycamore, heritage and
mature trees located on the site, show their location on a development
plan and recommend a program for protecting the trees prior to, during
and after construction. The tree protection plan may include such
things as the installation of fencing around drip lines, the application
of mulch or wood chips in sensitive areas, restrictions on construction,
trenching and/or grading within the drip line area and other mitigations
and conditions designed to protect the entire tree and its root system.
(d)
Applications involving routine maintenance work performed by public
utilities. All public utilities whose retained maintenance
includes the pruning or trimming of trees within the City shall, on
June 30th of each year, submit to the Director an Annual Notification
of Maintenance Activities. This notification shall include, but not
be limited to, the following: (1) map of facilities to be maintained;
(2) schedule of work to be performed; (3) site plan of protected trees
that might be affected; (4) a report from a certified arborist describing
tree trimming methods and standards to be used; and (5) certifications
and qualifications of tree workers and supervisors. All such work
shall require an annual permit and shall be governed by the performance
standards and restrictions of this chapter. Applicants will be required
to pay a fee for monitoring of routine maintenance by a City retained
ISA-certified arborist, which shall be set by resolution, and shall
not exceed $2,500 per year.
(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008, and as
amended by § 2, Ord. 870, eff. March 17, 2017)
(a)
Administrative review. Upon the review of an application
for a permit required by this chapter duly filed in accordance with
the approved procedures and requirements and after an on-site inspection
by the Director or his or her designated representative if deemed
necessary, the Director shall grant or deny such permit on the basis
of the standards set forth in this chapter. The Director may deny,
without further action, an application which does not contain the
required information.
(b)
Review by Planning Commission. Where more than five oak,
sycamore or heritage trees, or a combination thereof, are to be cut
down, removed or relocated upon a single parcel of real property,
the application shall be referred to the Planning Commission for recommendation
to the Director. Unusual cases where less than five such trees are
involved may be referred to the Planning Commission by the Director.
(c)
Application review criteria. The granting or denial of a
permit shall be subject to the discretion of the Director and/or the
Planning Commission, as the case may be, whose decision shall be based
on criteria, including, but not limited to, the following:
(1)
The condition of the tree with respect to disease, danger of falling
and the proximity to existing or proposed structures.
(2)
The necessity to remove the tree in order to construct proposed improvements
to prevent economic hardship to the owner of the property. The applicant
shall have the burden of proof to demonstrate the hardship as part
of the application process.
(3)
The topography of the land and the effect of the tree removal on
erosion, soil retention and the diversion or increased flow of surface
waters.
(4)
The number of oak, sycamore, heritage and mature trees, or any one
or combination thereof, existing in the neighborhood on improved property.
Decisions shall be guided by the standards established in the neighborhood
and the effect of the removal of such trees upon property values in
the area.
(5)
Good forestry practices, such as the number of healthy oak, sycamore,
heritage or mature trees which a given parcel of land or area can
support.
(d)
Performance conditions. The Director and/or the Commission,
as the case may be, may grant a permit subject to such conditions
as deemed necessary and appropriate to ensure the proper enforcement
of this chapter which shall be made a part of the permit, including,
but not limited to, the following:
(1)
All pruning or trimming activities for which a permit is necessary
shall be performed by either (i) a certified tree professional who
has been certified as, at a minimum, a "tree worker" by the ISA or
a similar certifying organization acceptable to the Community Development
Director, or (ii) under the direct field supervision of a certified
arborist.
(2)
All pruning and trimming activities shall be performed in a manner
consistent with ISA guidelines and recommendations. Excessive pruning
or topping of trees is prohibited and may result in the assessment
of tree replacement costs.
(3)
The name of the certified professional or supervising field arborist
shall be provided to the City, along with proof of certification,
prior to final authorization by the City and commencement of the tree
work.
(4)
Climbing spurs and spikes shall not be used during tree pruning and trimming activities, except in cases of emergency, such as emergency utility work covered under Section 4-11.10.
(5)
Anyone using explosives in connection with the destruction, removal
or trimming of a tree protected by this chapter shall furnish such
bond or insurance as the Director shall deem necessary for the protection
of the public and the property owner from any possible damage as a
result of such work.
(e)
Special mitigation measures. The Director and/or Planning
Commission, as the case may be, may condition the grant of a permit
issued in accordance with this chapter, subject to the compliance
with, but not limited to, the following mitigation measures:
(1)
If a protected tree is proposed for removal primarily for reasons
of convenience, personal taste or to facilitate new construction where
alternative site layouts are feasible that could avoid the tree impact,
the following shall apply:
(i)
The tree(s) to be removed shall be replaced with trees of suitable
type, size and number. Oaks and sycamores shall generally be required
to be replaced with like species; other mature trees shall be replaced
with trees from the approved replacement tree list.
(ii)
The number, type and size of the replacement tree(s) shall either
be (A) equivalent to the appraised value of the tree based on ISA
standards; or (B) the total sum of the diameters of all trunks of
all replacement trees as measured four and one-half feet above the
root crown shall be equal to or greater than the total sum of the
diameters of the trunks of all removed trees as measured four and
one-half feet above the root crown. No replacement tree, however,
shall be less than two inches in diameter as measured four and one-half
feet above the root crown.
(iii)
If a site cannot accommodate the number of replacement trees
required, the dollar value of those replacement trees may be paid
as an in-lieu fee to the City's tree fund at the discretion of the
Director or Planning Commission.
(2)
If a tree is proposed for removal for construction purposes, where
no feasible alternatives exist, or for another purpose, where preserving
the tree is not realistic or would not achieve the goals of this chapter,
the Director may require one of the mitigation measures described
above, or any other mitigation deemed appropriate given the unique
circumstances of the permit request, the recommendations from the
certified arborist, the purpose and goals of this chapter and the
site's environmental setting.
(3)
If the report from a certified arborist indicates a tree is hazardous
or in a serious state of decline due to pest infestation or other
cause, by no fault of the owner, no mitigation shall be required.
(f)
Appeal process. Any decision issued by the Director on a
permit application, including required mitigations and conditions,
may be appealed to the Planning Commission within 10 days after the
decision has been rendered by submitting the appropriate administrative
appeal fees and a written statement describing the reason for the
appeal.
(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
When an application is filed for a conditional use permit, variance,
zone change, tentative tract map, minor land division or any other
discretionary permit concurrently with an application for a permit
as provided by this chapter, the Planning Commission may consider
and approve such application for a permit concurrently with such other
approvals. The Planning Commission, in making its findings, shall
consider each case individually as if separately filed.
(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
An approved permit which is not used within the time specified
in the approval or, if no time is specified, within one year after
the granting of such approval, shall become null and void and of no
effect, except where an application requesting an extension is filed
prior to such expiration date, the Director may extend such time for
a period not to exceed one year.
(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
(a)
The
provisions of this chapter shall not apply to cases of emergency caused
by a tree protected by the provisions of this chapter being in a hazardous
or dangerous condition as determined by the Director or any member
of the Sheriff's Department, Fire Department or an affected utility
company. Persons requesting a hazardous tree exemption shall pay a
fee based on the amount of City staff time required to process and
review the exemption request. If the tree is determined to be hazardous,
no permit removal fee or mitigation will be required.
(b)
Utility
companies may take emergency action with respect to protected trees
without giving advanced notice to the City, when immediate action
is required in order to protect the public or the utilities' employees,
prevent damage or destruction of facilities and property or to effect
expeditious reinstatement of service following an interruption. The
utility shall notify the City of the emergency action taken at the
first reasonable opportunity.
(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Applications for permits shall be accompanied by appropriate
fees as established by resolution of the City Council.
(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Any person leasing, transferring or selling any or all portions
of an interest in real property in the City shall be required to disclose
in writing the number and species of trees on the property protected
and/or regulated by this chapter to the lessee, buyer or transferee
as part of the real estate transaction. Providing a complete copy
of this chapter, or, in the alternative, a public informational brochure
describing the provisions of this chapter prepared by the City, to
the lessee, buyer or transferee prior to the conclusion of the real
estate transaction shall also be considered an acceptable form of
disclosure.
(§ 1, Ord. 738, eff. July 22, 1999, as amended by § 1, Ord.
744, eff. March 24, 2000, as renumbered
by § 2, Ord. 800, eff. August
8, 2008)
(a)
Violation—Penalty. Any person who cuts, damages, moves or removes any oak, sycamore, heritage or other designated mature tree within the City or encroaches into the drip line of such tree in violation of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, may be punished as set forth in Title 1, Chapter 2, Section 1-2.03 of this Code.
(b)
Violation—Restitution. It has been determined that the oak, sycamore, heritage and other designated trees within the City are valuable assets to the citizens of the City and to the citizens of the Ojai Valley and, as a result, of the loss or damage to any of these trees, the public should be recompensed. In addition to any penalties provided by subsection (a) above, any person who cuts, damages or removes any tree in violation of the terms of this chapter is responsible for property restitution and may be required to do any or all of the following:
(1)
Replace the oak, sycamore, heritage or other designated mature tree
or trees so removed or damaged by the donation of or by replanting
two or more of such trees of reasonably equivalent size and value
to the tree damaged or removed. The number, size and location of said
equivalent replacement tree shall be determined by the Director.
(2)
Pay double the customary tree permit application fee and provide
for replacement of the damaged or removed trees in an amount that
is double their value using the appraisal standards of the ISA or
other method of valuation acceptable to the Director.
(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
