Chapter 18.80
TREE PRESERVATION
Sections:
18.80.020 Oak tree protection and conservation.
18.80.040 Oak tree pruning permit.
18.80.050 Oak tree removal/encroachment permit.
18.80.060 Oak tree preservation and replacement plan and permit required.
18.80.070 Nonliability of city of Calimesa.
Prior legislation: Ord. 200; Code 1990 §§ 9.16.01 – 19.16.09.
18.80.010 Purpose.
The purpose of this chapter is to regulate and set forth criteria for the cutting, pruning, removal, relocation, or replacement of oak trees to ensure that no oak trees are removed unless:
A. A reasonable and conforming use of property justifies the removal, cutting, pruning, and/or encroachment into the protected zone of an oak tree, heritage oak tree, or protected stand of oak trees; and
B. Adequate mitigation, including the planting of replacement trees or acorns or the payment of replacement costs to the city for each tree removed, is provided at the discretion of the community development director or the planning commission, as applicable. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.020 Oak tree protection and conservation.
A. The provisions of this chapter apply to:
1. Heritage oak trees.
2. Protected oak trees.
3. Protected stands of oak trees (oak groves).
B. No person shall take any action that will permanently damage the health or condition of any protected oak tree, heritage oak tree, or protected stand of oak trees on the property. Such actions will constitute a violation of this chapter.
C. No person shall cut, damage, remove, encroach into the protected zone of a protected oak tree, heritage oak tree, or protected stand of oak trees, or relocate any oak tree on any public or private property within the city, without first having obtained a permit, as set forth in this chapter.
D. The city shall make available to property owners, upon request, information related to the proper care and maintenance of oak trees.
E. The status of limbs or trees as deadwood or dead trees must be confirmed by the community development director prior to cutting, pruning, or removal thereof. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.030 Exemptions.
The following circumstances are exempted from the oak tree permit requirements:
A. Any activities related to pruning or removal of live tissue, involving oak trees that are less than two inches in diameter at breast height (measured four and one-half feet above natural grade).
B. Removal of deadwood.
C. Removal of trees that are dangerous or hazardous and pose an imminent threat to human life or structures on developed property, including but not limited to potential or actual damage due to thunderstorms, lightning strikes, windstorms, floods, fires, earthquakes, or other natural disasters.
D. Removal of trees when determined to be necessary by a fire official.
E. Removal of trees by a public agency that are located within an area for required improvements within the public street right-of-way or within a utility right-of-way.
F. Operations associated with commercial tree nurseries. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.040 Oak tree pruning permit.
A. An oak tree pruning permit shall be obtained from the community development department, prior to pruning of any protected oak tree, heritage oak tree, or protected stand of oak trees on an undeveloped parcel that has not been developed or improved to the maximum extent allowed by the existing land use designation and zoning of the property.
B. A permit shall be issued by the community development director for the pruning of a protected tree(s) only if the director has made one of the following findings:
1. The condition or location of the oak tree requires pruning to maintain or aid in its health, balance, or structure.
2. The condition of the tree(s) with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas such as parking lots or pedestrian walkways, or interference with utility services requires pruning. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.050 Oak tree removal/encroachment permit.
A. An oak tree removal/encroachment permit shall be obtained from the community development department prior to the following activities on any property subject to subsection (B) of this section:
1. Removal of a protected oak tree.
2. Encroachment into the protected zone of a protected oak tree.
3. Relocation of a protected oak tree. If removal, encroachment, or relocation of a protected oak tree is necessary for development, an oak tree removal permit shall be obtained prior to approval of a grading or construction permit for work in an area where trees are located.
B. An oak tree removal/encroachment permit is required for the following:
1. Parcels or lots that are less than 20,000 square feet in any zone with protected oak trees.
2. Parcels or lots that are 20,000 square feet or more in any zone with three or fewer protected oak trees (not including protected heritage oak trees or stands of oak trees).
C. An application for an oak tree removal/encroachment permit shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.
D. A permit shall be issued by the community development director for the removal, encroachment, or relocation of a protected oak tree(s) only if the director has made the following findings:
1. A reasonable and conforming use of the property justifies the removal of trees.
2. No other permit for removal of an oak tree on the same property has been issued within the prior one-year period.
3. The retention or relocation of the tree prevents reasonable use of the property on which it is located and, if required, the applicant has applied for any related discretionary or ministerial permits for the proposed use of property or that the tree has been determined to be damaged or diseased by a licensed arborist, as documented in a report to be reviewed and approved by the community development department.
4. Replacement trees or acorns will be planted to replace each tree that is removed, if feasible, based upon site characteristics, or other appropriate mitigation will be provided. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.060 Oak tree preservation and replacement plan and permit required.
A. An oak tree preservation and replacement plan shall be prepared and submitted in conjunction with an application for an oak tree preservation and replacement permit for the following activities on any property subject to subsection (B) of this section:
1. Removal of any protected oak tree, any heritage oak tree, or protected stand of oak trees.
2. Encroachment into the protected zone of any protected oak tree, any heritage oak tree, or any protected stand of oak trees.
3. Relocation of a protected oak tree, any heritage oak tree, or any protected stand of oak trees. When removal, encroachment, or relocation of a protected oak tree, heritage oak tree, or protected stand of oak trees is proposed in conjunction with development, an oak tree removal permit shall be obtained prior to approval of a subdivision map or rough grading permit for an area where trees are located.
B. An oak tree preservation and replacement permit is required for the following:
1. Any parcel or lot in any zone with a heritage oak tree.
2. Any parcel or lot that is 20,000 square feet or more in any zone with more than three protected oak trees or protected stand of oak trees.
C. The oak tree preservation and replacement plan shall be prepared by a licensed arborist retained by the community development department, with the cost paid by the applicant. In addition to other information required to demonstrate conformance with subsection (D) of this section, the plan shall contain, but not be limited to, the following information:
1. Letter of justification explaining the reasons for the removal.
2. Site plan and/or elevations showing the location of all trees on the parcel or lot.
3. Oak tree assessment prepared by an arborist, if determined to be necessary by the community development department.
4. Methods proposed to mitigate the loss of an oak tree, including the planting of replacement oak trees or acorns, or other adequate mitigation. Mitigation other than replacement shall include the payment of replacement costs to replace each tree that is removed, as determined by the oak tree assessment.
D. The oak tree preservation and replacement plan shall demonstrate the following:
1. The proposed location and configuration of lots, buildings, and streets have been designed to minimize to the greatest extent feasible the removal of healthy trees, including the protection of singular significant specimens (i.e., heritage oak trees) and clusters of oak woodlands.
2. The proposed trees to be retained are located on common open space lots that will be preserved indefinitely.
3. In considering site design, more than 90 percent of healthy trees will be retained.
a. If a lesser percentage of trees is proposed to be retained, the plan shall identify additional measures to offset the loss of more trees, including the payment of fees equivalent to the replacement cost of the tree(s).
b. Not less than 75 percent of trees shall be retained.
4. In considering site design, any impacted grove will be retained.
5. Grading operations (e.g., location of cut and fill, construction operations) will be designed and conducted to minimize any negative effects on the trees to be retained.
6. An effective combination of replacement trees, acorns, and/or appropriate mitigation will be planted or provided.
a. Trees to be removed shall be replaced at a minimum replacement ratio of one tree for each tree removed or nine acorns planted for each tree removed.
b. Mitigation other than replacement shall include the payment of replacement costs to replace each tree that is removed as determined by the oak tree assessment.
7. The trees to be retained or replacement trees will be located in an area that will be maintained in such a manner as to ensure their long-term health (e.g., not be overwatered or receive too many nutrients).
8. A program has been included to monitor and report on the survival rate of replaced trees to ensure the long-term success of a tree preservation and replacement plan.
E. Approval Authority. A tree preservation and replacement plan and application for a tree preservation and replacement permit shall be subject to planning commission review and approval at a public hearing. A tree preservation and replacement plan and permit may be approved, conditionally approved, or denied.
F. Approval Findings. The planning commission, in approving a tree preservation and replacement plan and permit, shall find as follows:
1. A reasonable and conforming use of the property justifies the removal of trees.
2. The proposed location and configuration of lots, buildings, and streets have been designed to minimize to the greatest extent feasible the removal of healthy trees, including the protection of singular significant specimens and clusters of oak woodlands.
3. No other permit for removal has been issued within the prior one-year period.
4. The retention or relocation of selected trees prevents reasonable use of the property on which they are located and, if required, the applicant has applied for any related discretionary or ministerial permits for the proposed use of property.
5. Replacement trees or appropriate mitigation will be planted or provided to replace each tree that is removed, if feasible.
6. Retained and replacement trees will be located in an area that will be maintained in such a manner as to ensure the long-term health of the trees and that adequate monitoring methods will be implemented.
7. All necessary environmental analysis has been conducted in accordance with all applicable environmental regulations. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.070 Nonliability of city of Calimesa.
Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to maintain the oak trees upon the property consistent with the terms of this chapter. Where emergency action is necessary, as set forth in CMC 18.80.030, Exemptions, any person who removes a tree located on property possessed, owned, or controlled by them is responsible for securing the area as appropriate to safeguard both persons and improvements from damage. [Ord. 342 § 3 (Exh. A), 2016.]