Chapter 18.350
TREE PROTECTION
Sections:
18.350.040 Prohibited activities.
18.350.050 Mitigation required.
18.350.060 Tree protection plan required.
18.350.070 Tree removal permits.
18.350.100 Expiration of tree removal permits.
18.350.010 Purpose.
The purpose of this chapter is to regulate the removal of trees and prescribe preventative protection measures to avoid damage to trees during site development in order to preserve the wooded character of the city and to protect trees as a natural resource of the city. [Ord. 2006-17 § 1, 2006.]
18.350.020 Definitions.
(1) “Arborist” means a person who has met the criteria for certification from the International Society of Arboriculture and maintains his or her accreditation.
(2) “Caliper inch” refers to a manner of expressing the diameter inches of a tree as calculated by measuring the tree’s circumference and dividing by pi (approximately 3.14159). Specially calibrated “diameter tapes” or “calipers” are used to determine caliper inches.
(3) “City planner” means the city planner or the city planner’s designee.
(4) “Dead tree” means a tree that is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season.
(5) “Diameter at breast height (DBH)” means the diameter of the trunk, at its maximum cross section, measured 54 inches (four and one-half feet) above mean ground level at the base of the trunk.
(6) “Dripline” means an imaginary vertical line extending downward from the outermost tips of a tree’s branches to the ground.
(7) “Heritage tree” means a tree or stand of trees that is of landmark importance due to age, size, species, horticultural quality or historic importance.
(8) “Person” means any individual or legal entity.
(9) “Removal” means to cut down a tree or remove all or 50 percent or more of the crown, trunk, or root system of a tree; or to damage a tree so as to cause the tree to decline and/or die. “Removal” includes but is not limited to topping, damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. “Removal” does not include normal trimming or pruning of trees.
(10) “Single-family dwelling,” for the purpose of this chapter, means any of the following: a detached home, a townhouse or rowhouse, a zero-lot-line dwelling, duplex, or a condominium unit where the tree cutting permit relates to a tree located in the private yard of such a unit.
(11) “Topping” means the severe cutting back of a tree’s limbs to stubs three inches or larger in diameter within the tree’s crown to such a degree so as to remove the natural canopy and disfigure the tree.
(12) “Tree” means any woody plant having a trunk five caliper inches or larger in diameter at breast height (DBH). If a tree splits into multiple trunks above ground, but below four and one-half feet, the trunk is measured at its most narrow point beneath the split, and is considered one tree. If the tree splits into multiple trunks below ground, each trunk shall be considered one tree. For the purposes of this chapter, English laurel, photinia, arborvitae, poison oak, and English ivy shall not be considered a “tree.”
(13) “Tree cutting permit” means written authorization from the city for a tree removal to proceed as described in an application, such authorization having been given in accordance with this chapter.
(14) “Tree protection zone” means the area reserved around a tree or group of trees in which no grading, access, stockpiling or other construction activity shall occur as determined by the city planner to be appropriate based on review of the tree and site conditions. [Ord. 2006-17 § 1, 2006.]
18.350.030 Applicability.
This chapter is applicable to any Type II or Type III development. [Ord. 2006-17 § 1, 2006.]
18.350.040 Prohibited activities.
(1) No person shall remove a tree without first obtaining a tree cutting permit from the city pursuant to this chapter.
(2) No person shall top a tree without first obtaining a topping permit from the city pursuant to this chapter.
(3) No person who is required to install or maintain tree protection measures per LCMC 18.350.060(3) shall do any development activities including, but not limited to, clearing, grading, excavation or demolition work on a property or site which requires ministerial, minor or major development approval without approved tree protection measures properly installed and maintained pursuant to this chapter. [Ord. 2006-17 § 1, 2006.]
18.350.050 Mitigation required.
With the exception of dead trees, hazard trees, and trees that are 10 inches or less in diameter removed from developed single-family lots, an applicant shall provide mitigation for any tree approved for removal. The mitigation requirement shall be satisfied as follows:
(1) Replanting On-Site. The applicant shall plant either a minimum two-inch caliper DBH deciduous tree or a six- to eight-foot-tall evergreen tree for each tree removed. Trees shall be planted according to the specifications in Chapter 18.340 LCMC.
(2) Replanting Off-Site. If in the city’s determination there is insufficient available space on the subject property, the replanting required in subsection (1) of this section shall occur on other property in the applicant’s ownership or control within the city, in an open space tract that is part of the same subdivision, or in a city-owned or dedicated open space or park. Such mitigation planting is subject to the approval of the authorized property owners. If planting on city-owned or dedicated property, the city may specify the species and size of the tree. Nothing in this section shall be construed as an obligation of the city to allow trees to be planted on city-owned or dedicated property.
(3) Payment in Lieu of Planting. If in the city’s determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree fund an amount as established by resolution of the city council. [Ord. 2006-17 § 1, 2006.]
18.350.060 Tree protection plan required.
(1) A tree protection plan, approved by the city planner, shall be required prior to conducting any development activities including, but not limited to, clearing, grading, excavation, or demolition work on a property or site which requires Type II or Type III permit approval.
(2) In order to obtain approval of a tree protection plan, an applicant shall submit a plan to the city which clearly depicts all trees on the site. The tree protection plan shall be prepared by an arborist or accredited landscape architect and shall include an inventory of all trees on-site, their health or hazard condition, and recommendations for treatment for each tree. The plan must be drawn to scale and include the following:
(a) Location, species, and diameter of each tree on-site and within 15 feet of the site;
(b) Location of the dripline of each tree;
(c) Location of existing and proposed roads, water, sanitary and storm sewer, irrigation, and other utility lines/facilities and easements;
(d) Location of dry wells and soakage trenches;
(e) Location of proposed and existing structures;
(f) Grade change or cut and fill during and/or after construction;
(g) Existing and proposed impervious surfaces;
(h) Identification of a contact person and/or arborist who will be responsible for implementing and maintaining the approved tree protection plan; and
(i) Location and type of tree protection measures to be installed per subsection (3) of this section.
(j) Where tree removal permits are requested, the applicant shall have the burden of proving that the application complies with the criteria for approval of the applicable class of permit. The applicant shall include:
(i) The number, size, species and location of the trees proposed to be cut on a site plan of the property;
(ii) The anticipated date of removal;
(iii) A statement of the reason for removal;
(iv) Information concerning any proposed landscaping or planting of any new trees to replace the trees to be removed;
(v) Any other information reasonably required by the city; and
(vi) Acknowledgement that misrepresentation of any fact necessary for the city’s determination for granting a tree cutting permit shall invalidate the requested permit. The city may at any time, including after a removal has occurred, independently verify facts related to a tree removal request and, if found to be false or misleading, may invalidate the permit and process the removal as a violation. Such misrepresentation may relate to matters including, without limitation, tree size, location, health or hazard condition, and owner’s authorized signature.
(3) Tree Protection Measures Required.
(a) Except as otherwise determined by the city planner, all required tree protection measures set forth in this section shall be instituted prior to any development activities, including, but not limited to, clearing, grading, excavation or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation.
(b) Chain link fencing, a minimum of six feet tall with steel posts placed no farther than 10 feet apart, shall be installed at the edge of the tree protection zone or dripline, whichever is greater, and at the boundary of any open space tracts or conservation easements that abut the parcel being developed.
(c) The fencing shall be flush with the initial undisturbed grade.
(d) Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the city planner and arborist for the project.
(e) No construction activity shall occur within the tree protection zone, including, but not limited to, dumping or storage of materials such as building supplies, soil, waste items, or parked vehicles or equipment.
(f) The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, and concrete or dry wall excess, construction debris, or runoff.
(g) No excavation, trenching, grading, root pruning or other activity shall occur within the tree protection zone unless directed by an arborist present on-site and approved by the director. [Ord. 2007-09 § 9, 2007; Ord. 2006-17 § 1, 2006.]
18.350.070 Tree removal permits.
A person who desires to remove a tree shall first apply for and receive one of the following tree cutting permits before tree removal occurs:
(1) Type I Permit. Type I permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a Type I permit pursuant to this subsection.
(a) Tree removal permits are not required for:
(i) A property that is located in a residential zone and is occupied by a single-family dwelling;
(ii) Removal of up to two trees, 10-inch caliper or less per tree at DBH within a calendar year; and
(iii) A tree that is not:
(A) Located within a critical area or buffer;
(B) A heritage tree per LCMC 18.350.110;
(C) Protected by a condition of approval of a development permit pursuant to the La Center Municipal Code;
(D) Located on property owned by the city or dedicated to the public, including parks, open space and public rights-of-way.
(b) Dead Tree Removal Permit.
(i) The city shall issue a tree cutting permit for a dead tree, except as provided by subsection (3)(b) of this section, if the applicant demonstrates that a tree is dead and warrants removal.
(ii) In order to provide for wildlife habitat and natural processes, the director may require the retention of a dead tree. Dead trees shall not be removed if located in critical areas, parks or open space areas required to be preserved as a condition of development approval, unless the tree presents a potential hazard to persons or property.
(c) Hazard Tree Removal Permit. The city shall issue a tree cutting permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal.
(i) A hazard tree is a tree that is cracked, split, leaning or physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within a public right-of-way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning.
(ii) The city may require the applicant to submit an arborist’s report confirming the hazard potential of the tree along with an analysis of alternative methods to alleviate the hazard without removal, and submit a completed hazard evaluation form as provided by the city.
(d) Emergency Permit.
(i) If the condition of a tree presents an immediate danger of collapse, and represents a clear and present hazard to persons or property, an emergency tree cutting permit may be issued and the payment of a fee may be waived. For the purposes of this subsection, “immediate danger of collapse” means that the tree is already leaning, with the surrounding soil heaving, and there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree cutting permit could be obtained through the nonemergency process. “Immediate danger of collapse” does not include hazardous conditions that can be alleviated by pruning or treatment.
(ii) Emergency tree cutting permits must be approved by the public works director or city planner. If an emergency situation arises at a time when city officials are unavailable, and such emergency creates a significant likelihood that the tree will topple or otherwise fail before such official becomes available, the owner of the tree shall, if practical and reasonable, first notify City Hall and state the address where the tree is being removed, the company performing the removal, along with the property owner’s name, address, and telephone number. The owner shall photograph the tree showing emergency conditions and then may proceed with removal of the tree to the extent necessary to avoid the immediate hazard. Within seven days of such removal, the owner of the tree shall apply for a retroactive emergency tree cutting permit and shall submit with the application evidence to demonstrate the emergency nature of the tree.
(iii) The city may require the applicant to hire an arborist to review the evidence to ascertain whether the tree presented an immediate danger of collapse. The person or entity performing the removal shall not be eligible to provide this review. If the evidence shows that the tree did not satisfy the emergency tree removal standards set forth in this chapter, the application shall be denied and the owner of the tree shall be subject to enforcement pursuant to Chapter 18.50 LCMC and the mitigation requirements of LCMC 18.350.050.
(e) Topping Permit.
(i) A topping permit may be issued only if the following apply:
(A) A utility, public agency, or other person who routinely tops trees in furtherance of public safety may apply for a general topping permit pursuant to this section based upon an arborist or forester report establishing a methodology for topping in compliance with this subsection.
(B) Trees under utility wires may be topped only where other pruning practices are impractical.
(ii) The city, in granting approval for tree removal in an open space or undeveloped area, may allow a tree to be topped to a designated height in order to maintain a “snag” for wildlife habitat.
(iii) A tree cutting permit obtained for tree removal shall not authorize topping unless said tree cutting permit specifically authorizes such action.
(2) Type II Permit.
(a) A Type II permit is required prior to any tree removal application that does not qualify in issuance as a Type I permit, dead tree removal permit, hazard tree removal permit, emergency permit, verification permit, or topping permit as described in this section.
(b) Type II permits shall be reviewed and approved by the director pursuant to LCMC 18.30.090 and 18.350.090.
(c) If a development permit would require or result in tree removal and/or a tree cutting permit as defined in this chapter, compliance with this chapter shall be a criterion of approval of said development permit. Tree removals in conjunction with a development permit shall be considered in conjunction with such permit and shall be subject to the application, notice, hearing and appeal procedures applicable to the proposed development permit. The required notice for development permit that would require or result in tree removals shall include a site plan indicating the location of any trees proposed for removal on the subject site. The proposed trees shall also be flagged with yellow flagging tape on-site. Such flagging shall be maintained until a final decision on the proposal is rendered. The remaining notice, hearing and appeal procedures shall not apply to tree removals considered in conjunction with a development permit request. Subsequent tree removals that have not been reviewed through development permit procedures shall be reviewed as provided in this chapter.
(d) Once a final decision has been rendered on a development permit, trees that have been approved for removal as part of that decision shall be subject to city verification. Applications for verifications shall be made on the application forms as prescribed by the city planner and be accompanied by an application fee as established by resolution or ordinance of the city council. The purpose of the verification process is to ensure that the trees approved for removal are properly identified for removal in the field and that the trees that were not approved for removal are not inadvertently removed. Removal of trees in violation of such land use approval shall be considered a violation of this chapter. The criteria contained in LCMC 18.350.080 shall not apply to verification applications for tree cutting permits.
(e) If a tree proposed to be removed has been specifically required to be preserved or protected as a condition of approval of a land use action pursuant to the La Center Municipal Code, the tree removal application shall be processed as a post-decision review and shall be reviewed subject to the criteria of LCMC 18.350.080 by the body responsible for reviewing such land use actions. The post-decision review process shall not be required in cases of an emergency, dead tree(s), or a hazard tree(s).
(3) Verification.
(a) If a site has received development approval through a Type II or Type III permit, then city verification shall be conducted for those trees approved for removal through that process. To obtain verification, an applicant must clearly identify the trees to be removed by tying yellow tagging tape around each tree and submitting a tree protection plan indicating the location of the requested trees. The city planner may require the building footprint of the development to be staked to allow for accurate verification of the permit application. The city planner will then verify that the requested trees match the site plan approved through the Type II or Type III permit. The city shall require the applicant to mitigate for the removal of each tree pursuant to LCMC 18.350.050. Such mitigation requirements shall be a condition of approval of the original development permit.
(b) Any tree not approved for removal through the original Type II or Type III permit shall not be approved as part of the verification process, unless the subject tree is located within an approved building footprint, public/private utility or improvement area, and no feasible alternative exists to preserve the tree. In such cases, the city may allow the tree to be removed without a Type II tree cutting permit process; however, the mitigation requirements of LCMC 18.350.050 shall still apply.
(c) Verification permits shall be issued upon application and demonstration by the applicant that the request complies with this section. Verification permits shall not be issued prior to the issuance of a building permit for the subject property without prior authorization by the city planner. [Ord. 2022-02 § 7 (Exh. C), 2022; Ord. 2006-17 § 1, 2006.]
18.350.080 Approval criteria.
An applicant for a tree removal permit shall demonstrate that the following criteria are satisfied. The city planner may require an arborist’s report to substantiate the criteria for a permit.
(1) Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks;
(2) Removal of the tree is not for the sole purpose of providing or enhancing views;
(3) The tree is proposed for removal for landscaping purposes or in order to construct development approved or allowed pursuant to the La Center Municipal Code or other applicable development regulations. The city planner may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and
(4) Removal of the tree will not have a significant negative impact on the character, aesthetics, or property values of the neighborhood. The city may grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. In making this determination, the city may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the La Center Municipal Code.
(5) The city shall require the applicant to mitigate for the removal of each tree pursuant to LCMC 18.350.050. Such mitigation requirements shall be a condition of approval of the permit.
(6) The city may impose conditions of approval on any tree cutting permit if the condition is reasonably related to preventing, eliminating or mitigating a negative impact or potential impact on natural features or processes or on the built environment of the neighborhood which is as created or contributed to by the approved tree removal. Conditions of approval may include, but are not limited to:
(a) Cutting a tree or stump flush with the grade instead of grinding or fully removing a stump;
(b) Requiring modifications in the location, design or intensity of a development or activities on a site or to require or prohibit certain construction methods;
(c) Requiring vegetation not requiring a tree removal permit to remain in place or be planted;
(d) Requiring the removal of injurious vegetation (English ivy) from other trees on the property. [Ord. 2006-17 § 1, 2006.]
18.350.090 Inspection.
The applicant shall not proceed with any construction activity, except installation of erosion control measures, until the city has inspected and approved the installation of the required tree protection measures and a building and/or grading permit has been issued by the city. [Ord. 2006-17 § 1, 2006.]
18.350.100 Expiration of tree removal permits.
A properly issued tree removal permit shall remain valid for no more than 60 days from the date of issuance or date of final decision by a hearing body, if applicable. A 60-day extension shall be automatically granted by the city planner if requested in writing before the expiration of the permit. No additional extensions beyond the first extension shall be granted. Permits that have lapsed are deemed void. Trees removed after a tree removal permit has expired shall be considered a violation of this chapter and subject to enforcement under Chapter 18.50 LCMC. [Ord. 2006-17 § 1, 2006.]
18.350.110 Heritage trees.
(1) Purpose. The purpose of this section is to recognize, foster appreciation and provide for voluntary protection of heritage trees.
(2) Nomination.
(a) Any person may nominate a particular tree or trees as a heritage tree. If the proposed heritage tree is located on property other than city property or public right-of-way under city jurisdiction, the nomination shall be submitted by the property owner or accompanied by the property owner’s written consent. If the proposed heritage tree is located on city property or public right-of-way, the nomination shall be submitted to the director and approved by the city council.
(b) Nominations shall include a narrative explaining why the tree qualifies for heritage tree status pursuant to the definition in LCMC 18.350.020(7) and the written consent of the property owner as described in subsection (2)(a) of this section.
(3) Review Process.
(a) The city council shall review all heritage trees nominations at a public meeting. Notice of the meeting shall be provided to the nominating applicant, the property owner (unless the nominated tree is located on city property or public right-of-way) and the chair of any recognized neighborhood association in which the tree is located.
(b) Staff shall prepare a report for the city council analyzing whether the tree complies with the requirements for designation.
(c) After considering the staff report and any testimony by interested persons, the city council shall vote on the nomination. The city council may designate a tree as a heritage tree if it determines that the following criteria are met:
(i) The tree or stand of trees is of landmark importance due to age, size, species, horticultural quality or historic importance; and
(ii) The tree is not irreparably damaged, diseased, hazardous or unsafe, or the applicant is willing to have the tree treated by an arborist and the treatment will alleviate the damage, disease or hazard;
(d) Following approval of the nomination by the city council:
(i) If the tree is located on private property, the designation shall be complete upon the property owner’s execution of a covenant running with the land suitable for recordation by the city. The covenant shall describe the subject property, generally describe the location of the heritage tree, and covenant that the tree is protected as a “heritage tree” by the city of La Center and is therefore subject to special protection under this chapter.
(ii) If the tree is located on public right-of-way, the designation shall be complete upon the staff’s listing of the tree on the city heritage tree records.
(e) If the tree is located on the public right-of-way, the city shall condition any future property-owner-requested right-of-way vacation upon the execution of a covenant in accordance with subsection (3)(d) of this section, which shall be recorded by the city upon the vacation of the right-of-way.
(4) Protection of Heritage Trees.
(a) Unless the tree qualifies for a dead or hazard tree removal permit, a permit to remove a designated heritage tree shall be processed as a Type II tree removal permit subject to the criteria contained in LCMC 18.350.070, as modified by subsection (4)(b) of this section.
(b) If an application to remove a heritage tree is sought pursuant to LCMC 18.350.070, the applicant shall demonstrate that the burden imposed on the property owner by the continued presence of the tree outweighs the public benefit provided by the tree. For the purposes of making this determination, the following tree impacts shall not be considered unreasonable burdens on the property owner or, if appropriate, the city:
(i) View obstruction;
(ii) Routine pruning, leaf raking and other maintenance activities; and
(iii) Infrastructure impacts or tree hazards that can be controlled or avoided by appropriate pruning or maintenance.
(c) Unless the permit is to remove a dead or hazard tree pursuant to LCMC 18.350.070, the applicant requesting removal of a heritage tree shall be required to mitigate for the loss of the tree pursuant to LCMC 18.350.050.
(d) Any person who removes a heritage tree in violation of this chapter shall be subject to enforcement as provided in Chapter 18.50 LCMC. In addition, the violator shall be subject to double the established enforcement fee(s).
(5) Recognition of Heritage Trees.
(a) A heritage tree plaque shall be designed and may be furnished by the city to the property owner, or if the tree is in the public right-of-way, to the appropriate city or county official, of a designated heritage tree. The city may charge a fee to cover the costs of providing the plaque. The plaque shall be posted at a location at or near the tree and, if feasible, visible from a public right-of-way.
(b) The director shall maintain a list and map of designated heritage trees.
(6) Removal of Heritage Tree Designation. A heritage tree shall be removed from designation if it dies or is removed pursuant to LCMC 18.350.070. If it is removed from private property, the city shall record a document extinguishing the covenant. [Ord. 2006-17 § 1, 2006.]