Chapter 18.17
TREE PRESERVATION
Sections:
18.17.070 Tree removal permit required.
18.17.080 Tree removal permit applications.
18.17.090 Action on tree removal permit application.
18.17.100 Tree mitigation and replacement—Requirement.
18.17.110 Tree mitigation and replacement—Manner of mitigation.
18.17.120 Preservation of existing trees in development proposals and tree preservation plans.
18.17.130 Tree protection requirements.
18.17.140 Appeals, expiration, revocation.
18.17.150 Enforcement penalties.
18.17.010 Purpose.
The city of Cloverdale contains a variety of both native and nonnative trees. Trees are a source of great beauty, provide shade and other environmental benefits, enhance property values, create community identity, and generally enhance the quality of urban life. Trees also serve to mitigate some of the known effects of global warming and climate change. Having a healthy tree canopy mitigates the urban heat island effect, reduces heating/cooling costs, lowers air temperatures, reduces air pollution, and increases property values. The city is committed to planting new trees, as well as protecting existing trees and the canopy to the greatest extent possible.
This chapter provides regulations for the protection, preservation, and maintenance of groves and stands of mature trees and specified individual mature trees which are designated as protected trees. The city’s objective is to establish regulations that will result in no net loss of tree canopy in the community. It is also the intent of this chapter to promote and perpetuate the urban forest through the replacement of trees removed as a result of a new development. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.020 Applicability.
The provisions of this chapter shall apply to all zoning districts in the city relative to the removal or relocation of protected trees as defined in Section 18.17.050. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.030 Exceptions.
The removal or relocation of trees which are defined as protected trees in Section 18.17.050 shall be exempt from the provisions of this chapter and shall not require a tree removal permit under the following circumstances:
A. Emergency situations. When the city determines that a protected tree poses an imminent threat to the public safety or general welfare, or to private property or persons, or is deemed a fire hazard.
B. Traffic visibility obstructions. When the city determines that the removal or relocation of trees is necessary to maintain adequate line-of-sight distances as required by the city engineer or city manager.
C. Public utility damage. When it is determined that the removal of trees is necessary for the protection of existing electrical power, communication lines and sewer and water lines as determined by the city engineer. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.040 Definitions.
The following definitions apply to this chapter in addition to the definitions set forth in Chapter 18.14:
“DBH” means the measurement of the diameter of a tree trunk taken when measured at a height of four and one-half feet from the surrounding grade.
“Qualified arborist” means an arborist possessing a current certified arborist certificate from the International Society of Arboriculture and a current member of the International Society of Arborists. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.050 Protected trees.
For purposes of this chapter, a protected tree includes all of the following:
A. Any tree of a species and minimum size as listed below.
1. Black oak (Quercus kelloggii) twenty-four inches DBH or greater.
2. Valley oak (Quercus lobata) twenty-four inches DBH or greater.
3. Blue oak (Quercus douglasii) twenty-four inches DBH or greater.
4. Interior live oak (Quercus wislizenii) twenty-four inches DBH or greater.
5. Coast live oak (Quercus agrifolia) twenty-four inches DBH or greater.
6. Oracle oak (Quercus x morehus) twenty-four inches DBH or greater.
7. Oregon oak (Quercus garryana) twenty-four inches DBH or greater.
8. Other native California oak twenty-four inches DBH or greater.
9. American sycamore (Platanus occidentalis) twenty-four inches DBH or greater.
10. California bay (Umbellularia californica) twenty-four inches DBH or greater.
11. California or coast redwood (sequoia) forty-eight inches DBH or greater.
12. Douglas fir (Pseudotsuga menziesii) twenty-four inches DBH or greater.
13. Ponderosa pine (Pinus ponderosa) twenty-four inches DBH or greater.
14. Black walnut (Juglans nigra) twenty-four inches DBH or greater.
15. English walnut (Juglans regia) twenty-four inches DBH or greater.
Multiple-trunk trees must possess at least one trunk with the stated diameter to be considered a protected tree.
B. Heritage trees.
C. All trees located within a riparian corridor.
D. Any tree required to be planted or preserved as environmental mitigation or condition of approval for a discretionary development application or other development permit.
E. Trees in the public right-of-way. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.060 Heritage trees.
Heritage trees are trees which the city council determines, by resolution, should be subject to the provisions of this chapter because they are:
A. An indigenous tree species of historic, cultural or environmental significance to the community;
B. A commemorative planting by a group of citizens or the city in recognition of a significant historical community member or event; or
C. Trees in groves that enhance and expand the city’s canopy. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.070 Tree removal permit required.
No protected tree shall be removed, cut down, or otherwise destroyed without a tree removal permit. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.080 Tree removal permit applications.
Tree removal permit applications shall be submitted to the city on forms provided by the planning department and accompanied by a filing fee as established by resolution of the city council. Applications shall not be deemed complete until all fees and other documents required at the time of filing of the application have been submitted, and no processing shall commence until the fees are paid in full. Tree removal permits may be filed by the owner of the subject property or another person with the written consent of all owners of the property and shall include the following information:
A. A statement of the reason for the tree removal;
B. A report by a qualified arborist describing the health and condition of the tree(s) proposed to be removed;
C. The identification and location of other protected trees on the same or adjacent property which could be affected by the proposed tree removal or the development for which the tree removal is proposed;
D. A landscape plan showing the location of any in-kind replacement tree planting and/or a statement that the payment of an in-lieu fee is proposed as mitigation. Fee shall be paid in full prior to issuance of tree removal permit. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.090 Action on tree removal permit application.
A. Action by Planning Commission or City Council. When a tree removal permit is submitted, and the tree removal is proposed to be undertaken in relation to a development project that otherwise requires the approval of the planning commission or city council, the tree removal permit shall be considered and acted upon by the planning commission or city council concurrently with that body’s action on the overall development project applications.
B. When a tree removal permit is submitted, and the tree removal is not proposed in relation to a development project that otherwise requires the approval of the planning commission or city council, the tree permit application shall be acted on by the community development director as follows:
1. If it is determined that the tree(s) proposed to be removed are in poor health, poor structure, or are structurally unsound, the community development director shall issue the permit. Such permits shall not be subject to any requirements for mitigation or tree replacement.
2. If it is determined that the tree(s) proposed to be removed are in good, excellent, marginal or moderate health, with good, excellent or marginal structure, the community development director may issue the tree removal permit if he or she determines that:
a. There is no viable or practical alternative to removal in order to accommodate the proposed development;
b. Removal or damage to the tree(s) could not be avoided by either:
i. Reasonable redesign of the site plan prior to construction; or
ii. By trimming, thinning, tree surgery, or other reasonable treatment; and
c. Adequate provision for drainage, erosion control and/or land stability has been made where such problems could occur as a result of the tree removal.
All tree removal permits issued pursuant to this subsection shall be subject to conditions that the tree removal be mitigated by tree replacement on site or in-lieu fee payment, as set forth in Section 18.17.100, and any tree protection measures the community development director determines are necessary to protect other protected trees on the site which are not being removed. Tree removal permits may also be conditioned on a requirement that security be provided to ensure adequate performance with the other conditions of approval of the permit. Fee must be paid in full prior to build permit final. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.100 Tree mitigation and replacement—Requirement.
A. When applications to remove protected trees are considered and acted on by the planning commission or city council, the appropriate mitigation and tree-replacement requirements, including, but not limited to, the replacement ratio for any removed trees, whether replacement should be on site or through the payment of an in-lieu fee, and the types of trees which may be planted as replacement trees, shall be determined by the planning commission or city council. Tree replacement and payment of fees shall be completed prior to building permit being completed.
B. Tree removal permits issued by the community development director shall be conditioned on the requirement to mitigate the removal of protected trees through on-site tree replacement or the payment of an in-lieu fee as follows:
1. If the permit authorizes the removal of a protected tree because it is dead, dangerous, or a nuisance, no tree mitigation or replacement shall be required.
2. If the permit authorizes the removal of a protected tree which is not dead, dangerous or a nuisance, the permit shall be conditioned on tree mitigation or replacement at the ratios set forth in Section 18.17.110.
3. Notwithstanding the above, if the tree authorized to be removed is a street tree, the replacement requirement shall be as determined by the community development director and set forth in the permit authorizing removal. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.110 Tree mitigation and replacement—Manner of mitigation.
Tree mitigation shall be required as a condition of the issuance of a tree removal permit issued by the community development director as set forth herein. Whenever feasible, tree mitigation shall be through in-kind tree replacement on site. When not feasible, tree mitigation may be in the form of inkind replacement, in-lieu replacement, and/or a combination thereof.
A. Tree Replacement Ratios. Tree replacement shall be required at the following ratios in relation to the trees permitted to be removed:
1. All protected trees permitted to be removed which have been determined by a qualified arborist to be in excellent or good health, and/or with moderate to good structure, shall be replaced on a one-to-one trunk diameter basis. (Example: A twenty-four-inch protected tree in good or excellent condition must be replaced with new trees totaling twenty-four inches in trunk diameters.)
2. All protected trees permitted to be removed which have been determined by a qualified arborist to have moderate or marginal health, and/or with marginal structure, shall be replaced on a two-to-one trunk diameter basis. (Example: A twenty-four-inch protected tree in moderate-to-marginal condition must be replaced with new trees totaling twelve inches in trunk diameter.)
3. All protected trees permitted to be removed and determined by a qualified arborist to have poor health or poor structure shall not be required to be replaced.
*Replacement tree ratios shall be applied as follows:
a. Twenty-four-inch box replacement tree equals two-inch replacement trunk diameter.
b. Thirty-six-inch box replacement tree equals three-inch trunk replacement diameter.
c. Forty-eight-inch box replacement tree equals four-inch trunk replacement diameter.
*All trees replanted shall be in accordance with Solar Shade Control Act of 1979.
B. In-Kind Replacement. If the location of replacement tree planting will remain as a natural area suitable for the healthy and long-term growth of native trees, replacement of protected trees should occur in-kind. If the location of replacement tree planting will be part of an irrigated, ornamental landscape area, replacement of protected trees may occur with a species as identified by the project arborist and approved by the city arborist. Replacement trees shall be at minimum twenty-four-inch box size.
C. In-Lieu Replacement. In the event that a development site is insufficient in size or use to plant any or all of the required replacement trees, the city may accept payment of an amount equivalent to the value of the replacement ratio referenced above. These fees will be utilized by the city to purchase and install trees in future public open space, park space, or other areas designated for tree planting. The value of in-lieu replacement trees shall be based on a minimum twenty-four-inch box size. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.120 Preservation of existing trees in development proposals and tree preservation plans.
A. Tree Preservation. The design of every development project shall preserve trees to the greatest extent possible. It is recognized that the preservation of all existing trees on a development site may sometimes conflict with reasonable land developmental considerations (e.g., adequate drainage, grading, circulation, safety, and provision of utilities). However, the design of proposed development shall address preservation of the most desirable and significant of the healthy trees and developers are encouraged to utilize creative land planning techniques to achieve this goal.
B. Tree Preservation Plans. All applicants for a development project shall include a tree preservation plan with the other application(s) required for the proposed development. The tree preservation plan shall include all of the following:
1. An inventory of all the existing trees with a trunk diameter of twenty-four inches or greater, measured four and one-half feet above the grade. The inventory shall include location, size, health and species.
2. An inventory of all protected trees.
3. The proposed location of all new trees to be planted.
4. The location of existing and proposed landscape.
5. The location of existing trees to be removed.
6. Preservation measures required by the particular species of tree(s) as recommended by the city arborist and the Master Tree List.
C. Site and Project Design. The design of the grading and site improvements for development projects shall reflect consideration of the following safeguards:
1. Provision of sufficient growing areas as required by individual species and/or the project arborist;
2. No disruption or removal of structural roots or majority loss of feeder roots;
3. Fencing of trees at or beyond their drip lines during grading and construction activities;
4. No ornamental landscape, filling, cutting, development, or compaction of soils within the drip line;
5. Provision of leaf litter within the drip line for oak trees;
6. Other measures required by the particular species of tree(s) to be preserved as recommended by the consulting arborist, horticulturist, or landscape architect, which may include requirements to the trimming of trees to be preserved by a qualified arborist in order for healthy balance, structural integrity and ornamental appearance.
D. Grading and Landscaping Plans. Grading and landscaping plans for development projects shall implement the approved tree preservation plan. The locations of all protected trees shall be indicated on the plans by the number of the tree as described in the city approved arborist report. Notes shall identify which trees are to be preserved, and which may be removed. Plans shall be consistent with the required tree protection mitigation measures included in the project application, initial study, mitigated negative declaration, or environmental impact report and monitoring plan, and the conditions of the development approval. The precise locations of all protected trees to be preserved or removed shall be shown on the site plan as part of the initial application unless the project does not involve exterior alterations or construction activities. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.130 Tree protection requirements.
The following tree protection measures shall be included as conditions of approval for any tree removal permit or tree preservation plan, to the extent that it is determined such conditions are applicable to the permit or plan being approved, based on the proximity of the area of construction activity to the trees to be protected:
A. Prior to initiating any construction activity on a construction project, all trees to be preserved and all newly planted trees shall be surrounded by protective barriers to safeguard tree roots. Fencing shall be a minimum of four-foot height at all locations, and shall form a continuous barrier without entry points around all individual trees, or groups of trees. Fencing shall be chain link or Tensar plastic fencing. Barriers shall remain in place until all work is completed.
B. Contractors and subcontractors shall direct all equipment and personnel to remain outside the fenced area at all times until project is complete and shall instruct personnel and subcontractors as to the purpose and importance of fencing and preservation.
C. No grading shall occur within the protective barriers without prior approval by the city arborist or community development director.
D. No attachments or wires other than those of a protective or nondamaging nature shall be attached to a protected tree.
E. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small hand-held power tools and shall not be of a depth that could cause root damage.
F. When the existing grade around a protected tree is to be raised the project arborist or city arborist shall provide written directions on which method(s) may be used to drain liquids away from the trunk.
G. When the existing grade around a protected tree is to be lowered the project arborist or city arborist shall provide written directions on which method(s) may be used (terracing, retaining wall, etc.) to allow the drip line to be left at the original grade.
H. No equipment, solvents, paint, asphalt, or debris of any kind shall be placed, stored, or allowed within the protective barrier. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.140 Appeals, expiration, revocation.
A. Appeals. Any person may appeal the decision of the community development director on a tree removal permit as set forth in Section 18.03.040.
B. Expiration. A tree removal permit shall be exercised within one year from the date of approval or such other time limit established through a discretionary permit approval. If a tree removal permit is not exercised within the established time frame the permit shall expire.
C. Revocation. A tree removal permit may be revoked or modified based on any of the following findings:
1. Facts which arise after the issuance of the approval of the permit and demonstrate that grounds for issuance did not exist at the time the permit was issued;
2. The issuance of the permit resulted from misrepresentation or fraud;
3. The permit has not been implemented in a timely manner;
4. The conditions of approval have not been met;
5. It is in violation of any code, law, ordinance, or statute;
6. Is detrimental to public health, safety, or welfare; or
7. Constitutes a nuisance. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)
18.17.150 Enforcement penalties.
Any person who is found to have removed or damaged a tree in violation of this chapter pursuant to an enforcement action brought under Section 18.02.080 shall be subject to a penalty payable to the city as follows:
A. For any tree which is removed or damaged to the extent that its survival is not expected: the full replacement value of such tree.
B. For any tree which is damaged and the damage cannot be fully corrected but the tree is expected to survive: the amount of the full replacement value times the percentage of the tree damaged.
Replacement values shall be developed using the most recent edition of the “Guide for Plant Appraisal,” published by the Council of Tree and Landscape Appraisers. (Ord. 727-2019 § 4(A) (Exh. A) (part), 2019)