Chapter 14.09.250
Resource Protection
Sections:
14.09.250.020 Consistency With California Environmental Quality Act (CEQA).
14.09.250.030 Wildlife and Biological Resource Habitat Protection.
14.09.250.040 Creeks and Riparian Habitat Protection.
14.09.250.050 Oak Woodland and Savannah Habitat Protection.
14.09.250.060 Tree Preservation.
14.09.250.070 Agricultural and Avian Foraging Habitat Mitigation.
14.09.250.010 Purpose.
The purpose of this chapter is to protect known, sensitive environmental resources in the City, establishing avoidance, minimization and/or mitigation measure processes in order to preserve creeks and riparian areas, wildlife habitats, oak woodlands and savannah habitats. This chapter integrates applicable policies of the Vacaville General Plan Conservation and Open Space Element (COS) and the Draft Solano County Multispecies Habitat Conservation Plan (HCP). It also establishes environmental clearance thresholds and mechanisms for implementation and compliance with federal, state and local regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.250.020 Consistency with California Environmental Quality Act (CEQA).
Compliance with this chapter demonstrates project compliance with environmental review requirements and consistency with CEQA.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.250.030 Wildlife and Biological Resource Habitat Protection.
All development projects shall comply with the policies and actions of the General Plan COS and regulations and mitigation measures of the Draft Solano County HCP.
A. Wildlife Habitat and Community Resource Areas. The City is located within four different natural community environments, as shown on the General Plan “Natural Community Boundaries” map and referenced in the Solano County HCP. For purposes of development project review, the boundaries of these wildlife habitat and biological resource communities are to be determined by surveys conducted by qualified resource experts.
1. Valley floor grassland and vernal pools;
2. Inner coast range;
3. Riparian, stream and freshwater marsh; and
4. Agriculture.
B. Biological Resource Report Required. A complete biological resources report is required for all projects that are not categorically exempt from CEQA (Class 32), is on property that is five acres or larger, or is smaller than five acres but has existing biological resources located on it.
C. Biological Survey. It is recommended that all projects that are not exempt from CEQA (Class 32) meet with the City before they submit a biological study as part of their project application submittal, to determine if specific biological survey(s) may be required to identify the types and level of wildlife and/or habitat necessary to protect, and specific avoidance, minimization and mitigation measures that may apply to a project. These factors may affect project design and determine the type and length of the project review process. See Solano County HCP Minimum Requirements for All Projects for Biological Resources Reports – “Pre-Application Survey Requirements” protected species and habitats. It is important to review this list early in the project design process since some surveys may need to be seasonally timed and/or may require multiple, sequential years of surveys (e.g., vernal pools). Biological reports are required to be prepared by a qualified biologist.
1. Biological Survey Information Submittal Requirements:
a. Vicinity map, project description, site plan, assessor’s parcel number, legal owner, applicant, and lead agency with tracking number and contact information.
b. Identification of natural community and conservation area(s) applicable (e.g., map(s), resource description(s)), including likely presence of habitat features (e.g., wetland, stream).
D. Protections for Special-Status Bat Species. All special status bat surveys shall comply with the requirements of the state Department of Fish and Wildlife (DFW) protocols.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.250.040 Creeks and Riparian Habitat Protection.
A. Purpose. This section is intended to protect the City’s creek and riparian areas, which provide benefits to the community in the form of natural habitats, flood protection and storm water runoff, and areas for active and passive recreation.
B. Applicability. Creek and riparian setback requirements shall apply to all creeks and riparian, stream, and freshwater marshes as defined in the General Plan COS and shown on the “Natural Community Boundaries” map.
C. Visibility from Right-of-Way. Creek areas shall be visible from the public right-of-way to ensure safety, maintenance, recreational access, integration into neighborhoods, and shall be located parallel or adjacent to creek setbacks, where feasible.
D. Creek Setbacks. The setback from all creeks, riparian areas, streams, and freshwater marshes shall be 40 feet from the existing, stable top of bank.
1. Measurement of Creek Setback. The top of bank determination shall be consistent with the California Department of Fish and Wildlife where state or federal jurisdictional areas apply. A soils engineer, registered in the state of California, shall prepare a map documenting existing soil conditions. The stable top of bank is determined by measuring the furthest distance from the toe of slope by the following methods, subject to the satisfaction of the City Engineer:
a. The actual top of bank;
b. Measuring from the toe of slope within the creek to the top of bank at a 2:1 slope.
c. The top of bank as determined by a licensed geotechnical engineer.
E. Freshwater Marsh Setbacks. Setbacks from freshwater marshes shall be determined through preparation of a hydrologic drainage and/or freshwater delineation study, or as required in compliance with the Solano Habitat Conservation Plan.
1. Larger Setbacks. The decision maker may require setbacks larger than 40 feet from the top of bank when approving a discretionary application required under the Land Use and Development Code in order to implement adopted City plans or mitigate potentially significant environmental impacts in compliance with CEQA.
F. Prohibited Within Setbacks. Prohibit all grading, paving, vegetation removal, agricultural cultivation, and construction of structures within the creek setback area, except as allowed by subsection G of this section. An exception may be approved with a variance if this prohibition would make the parcel unbuildable. The application for a variance shall provide a conservation plan that provides for the appropriate protection of the biological resources, water quality, bank stability, groundwater recharge, and other applicable riparian functions.
G. Allowed Within Setbacks. The following uses and activities are allowed within the creek setback area:
1. Fencing Within Setback. Fences are allowed, but not required within the creek setback area, the requirements for which will be determined on an as-need basis by the decision maker in conformance with Chapter 14.09.200 of this code, Fences, Walls, and Hedges;
2. Plants, landscaping, vegetation buffers, and features providing interception for storm water runoff;
3. Streamside maintenance and riparian habitat restoration, drainage and erosion control, or invasive plant removal, carried out or overseen by a public agency;
4. Public roads and utility line crossings, or private driveways and streets, subject to City construction standards and maintenance guidelines;
5. Bikeways, trails, and parks for public use; and
6. The replacement, maintenance, restoration, or reconstruction of a legally established use or structure, in conformance with Chapter 14.09.220 of this code, Nonconforming Uses, Sites, and Structures.
H. During Construction. Creekway and riparian area protection is required during construction, such as providing adequate setbacks from the creek bank and riparian areas, and creekway and riparian area restoration after construction. Construction in these areas requires a creek protection plan prepared by a qualified specialist and includes site-specific mitigation measures in compliance with CEQA or the Solano County HCP as well as protective construction fencing.
I. Hazardous Wildlife Attractants on or Near Airports. FAA recommends that minimum separation of 12,500 feet from the Travis Air Force Base runways and Nut Tree Airport shall be maintained to avoid bird strike hazards to aircraft.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.250.050 Oak Woodland and Savannah Habitat Protection.
A. Applicability. New development that would result in loss, conversion, or other impacts to oak woodland and savannah habitats shall comply with the provisions of this section.
B. Clustered Impact. New development shall develop and implement a plan that reduces site disturbance and clusters impacts to the maximum extent feasible.
C. Three to One Preservation Ratio. New development shall mitigate all impacted oak woodland (as identified on the City General Plan Environmental Impact Report, Figure XX, Habitat Areas) and savannah habitats by preserving habitats with similar tree canopy densities at a three acres: one acre ratio (preservation: impact).
D. Long-Term Management Plan. New development that would result in impacts to oak woodland and savannah habitats shall require the applicant to prepare and implement a long-term management plan for oak woodland and savannah areas that are protected as open space, and a mitigation plan to address short-term impacts. Funding for the short-term mitigation and long-term management of these areas shall also be provided. A qualified specialist experienced in the development and implementation of grassland and oak woodland and savannah restoration, mitigation, and management plans shall prepare a long-term management plan and shall include:
1. Management Plan Goals. The plan shall clearly identify goals focusing on vegetation (e.g., stability, succession, reproduction, and nonnative species) and wildlife (e.g., habitat quality and species diversity) issues.
2. Vegetation Management. The plan shall include vegetation management, site preparation, exotic species removal, site grading, erosion control, and revegetation of disturbed areas outside of development envelopes. Any revegetation program shall use plant materials indigenous to the region.
3. Construction and Post-Construction Maintenance Monitoring Program. The plan shall include a construction and five-year post-construction maintenance and monitoring program by a qualified restoration team to ensure that the project goals and performance standards are met. The monitoring program shall include provisions for remedial action as needed to correct deficiencies. Annual reports and a final report, prepared by the property owner and subject to approval by the local lead agency and the Department of Fish and Wildlife, shall document the success of the revegetation. If the revegetation is not successful, an additional period of correction and monitoring shall be determined.
4. Maintenance and Implementation. The plan shall specify maintenance requirements and the responsibility for implementation, long-term ownership and/or management responsibility, and a funding mechanism.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.250.060 Tree Preservation.
A. Purpose. This section is intended to support the preservation and maintenance of mature trees on private and public property in order to promote the public health, safety, and general welfare. Additionally, the City recognizes individual rights to develop private property that have trees located on them and the need to maintain and improve public property with trees. The City supports the need to enhance the attractiveness of City streets and neighborhoods, enhance the value of property, retain natural beauty and the environment, provide habitat for wildlife, and preserve the character of the community.
This section provides regulations for:
1. Tree removal permits on private property, public rights-of-way, and on public lands;
2. Tree replacements for loss of trees on private property, public rights-of-way, and public lands;
3. Tree protection and mitigation during construction;
4. Post-construction monitoring;
5. Penalties for unauthorized tree removal.
B. Applicability. The provisions of this section apply to the removal or destruction of any tree on public or private property in the City with a diameter at breast height (dbh) of six inches or more. Separate sections for trees on private property (with and without construction proposed), trees in the public rights-of-way, and on public lands, are provided below.
The standards established by this section are minimum requirements and shall not be construed to prevent the City Council, the Planning Commission, or the Director of Community Development from imposing more restrictive conditions as part of project approval, or from not approving a project in order to meet the intent of these regulations. Approval of a development project by the decision maker shall constitute a permit to remove any trees when removal of such trees is clearly designated as part of the project application.
C. Tree Removal on Private Property. Except as otherwise specified by this title, no person shall cut down, remove, or destroy any tree, or cause the cutting down, removal or destruction of any tree on private property except in accordance with the conditions of a tree removal permit issued by the Director of Community Development or, for projects subject to discretionary review, the decision maker.
1. Tree Removal Permit Application With New Construction. A property owner or the owner’s authorized representative shall submit a tree removal permit application. The application submittal requirements are as specified on the tree removal permit application. The Director of Community Development may also require the applicant to submit a certified arborist report or report prepared by a licensed landscape architect, to verify the condition of the affected tree(s).
2. Review and Determination. Prior to the issuance of a tree removal permit, the Director of Community Development shall review the application and conduct a site investigation. The Director of Community Development shall determine whether to issue the permit based upon the following criteria:
a. Design project to reduce development impacts to trees. High priority in the approval of private or public projects shall be given to designing construction around existing trees to the greatest extent feasible;
b. Condition of the Tree. The condition of the tree shall be determined by its general health, the presence of disease or damage, whether it is a public nuisance or poses a danger to the public from instability or falling limbs, its proximity to existing or proposed structures, or its interference with utility services. The condition of the tree shall also be determined by whether the tree serves as a host for a plant that is parasitic to another species of tree which is in danger of being exterminated by the parasite;
c. Species of Tree. Native tree species shall have a higher preservation priority than introduced species, or trees that are not naturally occurring and were planted as part of a landscape plan;
d. Number of Existing Trees. The number of existing trees in the area shall be considered, as well as the effect of the tree’s removal upon the public health, safety, and general welfare, and the effect upon the aesthetic and visual quality of the area;
e. Sound Forestry Practice. The number of healthy trees that a given parcel of land will support shall be considered, and whether removal would enhance the survival of remaining trees;
f. Size of Tree. The scale of the tree shall be considered, as well as the size of the tree’s canopy. Larger, more visually prominent trees shall have a higher preservation priority than smaller, less visually prominent trees;
g. Location of Tree. The location of the tree on private property shall be considered. Trees located in a private rear yard, which are not highly visible from the public right-of-way, shall have a lower preservation priority than trees with a high visual impact to the neighborhood; and
h. Replacement Proposal. A proposal for the tree replacements (in compliance with subsection F of this section) to offset the tree removal shall be part of the Director of Community Development’s consideration.
3. Tree removal permit on existing developed, infill property. The property owner or the owner’s authorized representative shall submit a tree removal permit application, consistent with subsections C.(1) and (2) of this section. For existing developed, infill property the review and determination criteria will provide a higher priority on criteria in subsection C.(2)(b) of this section, Condition of a tree, and the potential for personal and/or property damage that may result from poor tree health, shall be considered.
D. Tree Removal on Public Property. The City may trim or prune trees on public property at the discretion of the Director of Public Works; providing, that such trimming and pruning shall not endanger the long term health of the trees. The City may remove trees subject to the approval of a tree removal permit by the Director of Public Works, subject to the following criteria:
1. Review and Determination. Prior to the issuance of a tree removal permit, the Director of Public Works shall review the application and conduct a site investigation. The Director of Public Works shall determine whether to issue the permit based upon the following criteria:
a. Design project to reduce development impacts to trees. High priority in the approval of private or public projects shall be given to designing construction to avoid or protect existing trees to the greatest extent feasible;
b. Condition of the Tree. The condition of the tree shall be determined by its general health, the presence of disease or damage, whether it is a public nuisance or poses a danger to the public from instability or falling limbs, its proximity to existing or proposed structures, or its interference with utility services. The condition of the tree shall also be determined by whether the tree serves as a host for a plant that is parasitic to another species of tree which is in danger of being exterminated by the parasite;
c. Species of Tree. Native tree species shall have a higher preservation priority than introduced species, or trees that are not naturally occurring and were planted as part of a landscape plan;
d. Number of Existing Trees. The number of existing trees in the area shall be considered, as well as the effect of the tree’s removal upon the public health, safety, and general welfare, and the effect upon the aesthetic and visual quality of the area;
e. Sound Forestry Practice. The number of healthy trees that a given parcel of land or location will support shall be considered, and whether removal would enhance the survival of remaining trees;
f. Size of Tree. The scale of the tree shall be considered, as well as the size of the tree’s canopy. Larger, more visually prominent trees shall have a higher preservation priority than smaller, less visually prominent trees;
g. Location of Tree. The location of the tree on public property shall be considered. Trees which are not highly visible from the public right-of-way or do not meet other community conservation goals shall have a lower preservation priority than trees with a high visual or resource impact to the neighborhood or public facility; and
h. Replacement Proposal. A proposal for the tree replacements, including the option of off-site mitigation as specified in subsection G of this section, to offset the tree removal shall be part of the Director of Community Development’s consideration.
E. Exemptions From Tree Removal Permit. In accordance with this code, the following trees are not protected, and a tree removal permit is not required to remove a tree:
1. Commercial fruit trees, almond trees, or grafted English walnut trees;
2. Trees planted, grown, or held for sale as part of a licensed nursery business or tree farm;
3. In cases of emergency, trees representing a hazard or danger to human life or to structures or property, where immediate action is necessary, and approved by the Director of Public Works;
4. In cases of pruning by a public utility to protect or maintain overhead clearance for existing electric power or communication lines in the public rights-of-way, subject to prior notice to the Director of Public Works in nonemergency situations;
5. Routine maintenance and pruning of limbs or deadwood, in accordance with standard horticultural practices, such that the survival of the tree is not compromised, including such work within the public right-of-way.
F. Replacement of Trees. All trees located on private or public property that have a six-inch or more diameter at breast height (dbh) are protected trees. Protected trees that are removed due to new construction, public improvements, or were planted as part of a landscape plan on private property shall require tree replacements, as follows. Replacement trees shall be derived from local stock, when available.
1. Native Trees.
a. Six to 10 inches dbh. Trees shall be replaced at a ratio of two replacement trees to one removed tree (2:1 ratio).
b. 10.1 to 18 inches dbh. Trees shall be replaced at a ratio of four replacement trees to one removed tree (4:1 ratio).
c. 18.1 to 36 inches dbh. Trees shall be replaced at a ratio of six replacement trees to one removed tree (6:1 ratio).
d. Over 36 inches. Trees shall be replaced at a ratio of eight replacement trees to one removed tree (8:1 ratio).
2. Nonnative Trees.
a. Six to 10 inches dbh. Trees shall be replaced at a ratio of one replacement tree to one removed tree (1:1 ratio).
b. 10.1 to 18 inches dbh. Trees shall be replaced at a ratio of two replacement trees to one removed tree (2:1 ratio)
c. 18.1 to 36 inches dbh. Trees shall be replaced at a ratio of three replacement trees to one removed tree (3:1 ratio).
d. Over 36 inches. Trees shall be replaced at a ratio of four replacement trees to one removed tree (4:1 ratio).
3. Eucalyptus Trees. The Director of Public Works shall determine the mitigation for removal of eucalyptus trees on a case-by-case basis.
G. Off-Site Tree Replacement Mitigation, Private or Public Land. If it is not feasible to accommodate tree replacements on the property or location where the tree was removed, the Director of Community Development may approve an off-site tree replacement plan as part of the tree removal permit. Specific off-site tree replacement locations shall be determined through consultation with the Director of Community Development prior to approval of the tree removal permit.
H. Tree Protection Prior to and During Construction. Protect established mature trees from construction encroachment.
1. Mitigation Plan Required. Prior to the issuance of a tree removal permit and the commencement of tree removal or construction activity on any public or private property containing trees, a mitigation plan shall be developed by a qualified biologist or certified arborist in order to ensure the long-term survival of the native plantings. Replacement trees shall be planted on the project site, unless determined by the Director of Community Development that off-site planting would be suitable, and an accompanying tree maintenance plan is provided by the applicant and approved by the Director of Community Development.
2. Tree Protection Zone. A tree protection zone shall be established on a new development site adjacent to work areas to reduce potential impacts to native trees during site construction, subject to approval by the Director of Community Development. A certified arborist shall be consulted prior to construction regarding the specifications of the tree protection zone and the appropriate care for trees before, during, and after construction.
a. When proposed developments encroach into the dripline of any tree, special construction practices shall be required as determined by the Director of Community Development and based upon recommendations of a certified arborist’s report.
b. The existing ground surface within four feet (measured horizontally) of the base of any tree shall not be cut, filled, or compacted. Tree wells may be used where advised and excavation adjacent to any tree shall not be permitted where damage to the root system will result, as determined by a certified arborist.
c. No oil, gas, chemicals, heavy construction machinery or other construction materials shall be stored within 10 feet of any tree trunk.
d. No wires, unless those needed for the support of any tree, or signs other than small tree identification signs, shall be attached to any tree.
e. The Director of Community Development shall be notified by any contractor, developer, or owner of any damage that occurs to a tree during construction so that proper treatment may be administered by the contractor.
3. Maintenance of trees on private property shall be at the property owner’s expense.
I. Post-Construction Monitoring Period. Monitoring shall be done for at least five years after planting.
1. Established Trees. At five years after planting, a professional arborist shall verify that a minimum of 80 percent of planted replacement trees have been established. “Established trees” are trees that are not hazardous, diseased, or a nuisance.
2. Replacement of Dead Trees. Trees that die within the five-year monitoring period shall be replaced at a ratio of three replacement trees to one dead tree (3:1 ratio). These new replacement trees shall be monitored by a long-term management plan, as established by Section 14.09.230.040.D.
J. Abuse or Mutilation Prohibited. It is unlawful for any person to break, injure, deface, mutilate, kill, cut down, or destroy any tree in any public place or way in the City; to place, apply, attach, or keep attached to any such tree, or any guard or stake intended for the tree’s protection, any wire, rope, sign, paint or other substance so that it substantially impedes the free access of water or air to the roots of any street trees.
K. Penalties for Unauthorized Tree Removal. Any person who personally, or through an agent, employee or representative, violates any provision of this chapter shall be guilty of a separate offense for each and every act constituting a violation of this chapter, and for each and every day during any portion of which such violation is committed, continued or permitted by such person. Each offense shall be punishable as a misdemeanor pursuant to Chapter 1.16 of this code, General Penalty.
1. In addition to the penalties prescribed above, the Director of Community Development may require the person(s) responsible for a violation of this chapter to replace the affected tree or trees or to compensate the City for the cost of replacement of the affected tree or trees.
2. The remedies and penalties provided in this section shall be in addition to any other remedies and penalties provided by law, including, but not limited to, the remedies and penalties provided for in Chapter 1.16 of this code, General Penalty.
L. Appeals. A determination by the Director of Community Development may be appealed in accordance with the provisions of Chapter 14.09.030 of this code, Common Procedures.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.250.070 Agricultural and Avian Foraging Habitat Mitigation.
A. Purpose. The purposes of this section are to implement the agricultural land and habitat conservation policies contained in the 2015 Vacaville General Plan and implementing Ordinance No. 1942 related to permanently protecting agricultural land, avian foraging habitat, and open space.
B. Applicability. This section shall apply to development projects that require mitigation for impacts to agricultural lands and/or to avian species non-riparian foraging habitat.
C. Mitigation Required. The City shall require agricultural or avian foraging habitat mitigation for any of the following actions:
1. Development projects that convert prime farmland, farmland of statewide importance, or unique farmland (as classified by the California Department of Conservation).
2. Development projects east of Leisure Town Growth Area that convert agricultural or open space lands.
3. Development projects that require annexation to the City that also convert prime farmland as defined by Government Code Section 56064.
D. Types of Mitigation. Development projects that are required to provide mitigation per Ordinance 1942, Sections 14.28.040.D and E, may elect one or a combination of both the following options to satisfy mitigation obligations:
1. Provide direct agricultural and/or avian habitat foraging mitigation; and/or
2. Pay the appropriate fee.
(Ord. 1972, Repealed and Replaced, 02/22/2022)