HomeMy WebLinkAbout1988-07-14 - ORDINANCES - OAK TREE MORATORIUM (2)ORDINANCE NO. 88-34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA EXTENDING A MORATORIUM ON THE CUTTING
AND REMOVAL OF OAK TREES AND PROVIDING THIS
ORDINANCE IS ADOPTED AS AN URGENCY MEASURE PURSUANT
TO SECTION 65858 OF THE GOVERNMENT CODE
WHEREAS, on December 15, 1987, the City Council of
the City of Santa Clarita adopted Ordinance No. 87-10
establishing a moratorium on the cutting and removal of oak
trees, as defined in the Ordinance; and
WHEREAS, Ordinance No. 87-10 was adopted as an
interim ordinance and an urgency measure pursuant to
Section 65858 of the Government Code of the State of
California; and
WHEREAS, Ordinance No. 87-10 was adopted to allow
for the development of special regulations regarding oak
tree cutting and removal; and
WHEREAS, City staff has developed draft regulations
which will be reviewed by the City Council of the City of
Santa Clarita; and
WHEREAS, the concerns which led to the adoption of
Ordinance No. 87-10 still exist; and
WHEREAS, as a consequence of the characteristics of
oak tree regulation as described in Ordinance 87-10, there
currently exists an immediate threat to the public peace,
health, safety and welfare, and approval of cutting and
removal of oak trees without proper regulations will result
in magnifying the threat to the public peace, health, safety
and welfare; and
WHEREAS, Ordinance 88-4, extending the moratorium
of Ordinance 87-10 was adopted on January 28, 1988, and the
City desires to amend such moratorium pursuant to Government
Code Section 65858(e).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. Purpose.
The City lies in the Santa Clarita Valley, the
beauty of which is greatly enhanced by the presence of large
numbers of majestic oak trees. Development of the area has
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resulted in the removal of a great number of these trees.
Further uncontrolled and indiscriminate destruction of oak
trees would detrimentally affect the safety and welfare of
the citizens of Santa Clarita. This preservatin program
.. outlined in this Ordinance contributes to the welfare and
aesthetics of the community and retains the great historical
and environmental value of these trees.
This Ordinance sets forth the policy of the City to
require the preservation of all healthy oak trees unless
reasonable and conforming use of the property justifies the
removal, cutting, pruning and/or encroachment into the
protected zone of an oak tree.
Section 2. Definitions.
(a) "Cutting" means the detaching or separating,
from a protected tree, any limb, branch or root. Cutting
shall include pruning.
(b) "Damage" means any action undertaken which
causes injury, death, or disfigurement to a tree. This
includes, but is not limited to, cutting, poisoning,
overwatering, relocation or transplanting a protected tree,
or trenching, excavating or paving within the protected zone
of a.tree.
i
(c) "Deadwood" means limbs, branches or a portion
of a tree that contains no green leaves during a period of
the year when they should be present.
(d) "Dripline" shall mean the outermost edge of
the tree's canopy. When depicted on a map, the dripline
will appear as an irregular shaped circle that follows the
contour of the tree's branches as seen from overhead.
(e) "Encroachment" means any intrusion or human
activity into the protected zone of an oak tree including,
but not limited to, pruning, grading, excavating, trenching,
parking of vehicles, storage of materials or equipment, or
the construction of structures or other improvements.
(f) "Oak tree" shall mean any oak tree of the
Genus Quercus including, but not limited to, Valley Oak
(Quercus lobata), California Live Oak (Quercus agrifolia)
and Scrub Oak (Quercus dumosa), regardless of size.
(g) "Oak Tree Preservation and Protection
Guidelines" or "Guidelines" means the policy established by
the City Council and the administrative procedures and rules
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established by the Director of Planning for implementing
this Ordinance.
(h) "Person" means any natural person,
partnership, firm, corporation, governmental agency or other
legal entity.
(i) "Protected zone" shall mean a specifically
defined area totally encompassing an oak tree within which
work activities are strictly controlled. When depicted on a
map, the outermost edge of the protected zone will appear as
an irregular shaped circle that follows the contour of the
dripline of the tree. Using the dripline as a point of
reference, the protected zone shall commence at a point five
feet (51) outside of the dripline and extend inward to the
trunk of the tree. In no case shall the protected zone be
less than fifteen feet (15') from the trunk of an oak tree.
(7) "Removal" means the physical removal of a tree
or causing the death of a tree through damaging, poisoning
or other direct or indirect action.
(k) "Routine maintenance" means actions needed for
the continued good health of an oak tree including, but not
limited gto, removal of deadwood, insect control spraying and
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Section 3. Oak Tree Preservation
Any person who owns, controls, has custody or
possession of any real.property within the City that is
improved or has been approved for development, or which is
part of or associated with the City approved development of
another piece of property, such as anyparcel to be
maintained as permanent open space or for recreational
purposes, shall maintain all oak tree(s) located thereon in
a state of good health pursuant to the Oak Tree Preservation
and Protection Guidelines adopted by City Council
resolution. Failure to do so will constitute a violation of
this article.
Section 4. Permit Required: Exemptions..
(a) Permit required No person shall cut, remove,
encroach into the protected zone, or relocate any oak tree
on any public or private property within the City unless a
valid oak tree permit has been issued by the City pursuant
to the provisions of this Ordinance and the Oak Tree
Preservation and Protection Guidelines. The status of limbs
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or trees as deadwood or dead trees must be confirmed by the
City's Oak Tree Preservation Consultant.
(b) Exemptions. A permit is not required to cut
e.l or remove a tree(s) under the following circumstances:
(1) Trees that do not exceed two inches (2")
in diameter when measured at a point four and a half feet
(4-1/2') above the tree's natural grade.
(2) Trees damaged by thunderstorms,
windstorms, floods, earthquakes, fires or other natural
disasters and determined to be dangerous by a peace officer,
fireman, civil defense official or code enforcement officer
in their official capacity. The Department of Planning
shall be promptly notified of the nature of the emergency
and action taken.
(3) When removal is determined necessary by
fire department personnel actively engaged in fighting a
fire.
(4) Trees planted, grown and/or held for sale
as a part of a licensed nursery business. This exemption is
^^ limited to trees with main trunks under ten inches (10") in
diameter.
(5) Emergency or routine maintenance by a
public utility necessary to protect or maintain an overhead
electric power or communication line, subject to prior
notice to the City in non -emergency situations and subse-
quent notification to the City in emergency situations.
(6) When the property owner has received
written permission from the Community Development Director
based upon the written statement of a certified arborist or
the Forester/Fire Warden which concludes, satisfactorily to
the City, that the subject oak tree is dead or in a state of
decline from a living state to a dead state and beyond the
point at which the tree can make a reasonable repair to
become an aesthetically pleasing and safe tree. The burden
of proof to show that the subject tree should be con-sidered
r^ to come within the exception of this subsection is upon the
property owner and the decision of the Community Development
Director to allow removal shall be final.
(7) Upon order of the Fire Department when
determined necessary for safety.
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/ (c) Use of explosives All tree fellers, tree
surgeons, or anyone using explosives within the City limits
in connection with the cutting down or removal of any oak
tree shall first apply to the City Manager for a permit to
do so and shall furnish such bond or insurance as the City
Manager shall deem necessary for the protection of the
property owner or any other person from any possible damage
as a result of such work.
Section 5. Processing of permits: Standards
for Granting or Denying Permits
(a) Processing The applicant shall furnish all
necessary information as required by the Oak Tree
Preservation and Protection Guidelines in a clear and
accurate format to the Department of Planning, and pay the
appropriate filing fee prescribed by City Council
resolution. The Director of Planning may approve, deny, or
conditionally approve a request for removal of three or
fewer oak trees on a single parcel. For requests involving
three or fewer trees, the decision of the Director may be
appealed to the Planning Commission and the Commission's
decision may be appealed to the City Council pursuant to the
provisions of this code. Any request for removal of four or
!^� more oak trees on a single parcel shall be reviewed by the
Planning Commission which shall make recommendations to the
Council which shall approve or deny the permit.'
(b) Standards. An oak tree permit may be approved
based upon one of the following findings by the
decisionmaker:
on rof the oak
he
requires cutting)toTmaintaintor aid itsation health, balance oree
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, pedestrian walkways or interference with utility
services cannot be controlled or remedied through reasonable
preservation and/or preventative procedures and practices.
(3) A permit may be approved when necessary
to remove, relocate, cut or encroach into the protected zone
of an oak tree to enable the reasonable and conforming use
of the subject property which is otherwise prevented by the
presence of the tree. Reasonable use of the property shall
be determined in accordance with the Oak Tree Preservation
and Protection Guidelines.
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Section 6. Conditions on Removal.
The conditions may be imposed on the permit at the
discretion of the decisionmaker including, but not limited
^^ to, any of the following:
(a) A condition requiring the replacement or
placement of additional trees on the subject property to
offset the impacts associated with the loss of a tree, limbs
or encroachment into the protected zone of an oak tree;
f a tree on-site
or the planninghofralnew ttree oOff-site to Offsetrtheflosseof
a tree;
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ctivl
observable maintenance land rcare rprograming anobeeinitiated to
insure the continued health and care of oak tree(s) on the
property;
to (d) Payment of a fee or donation of a boxed tree
the City
other
cy to be usd elswhre in
the community rshould ausuitable blic nreplacementelocationeof the
tree not be possible on-site or off-site.
Section 7. Non -liability of City.
Nothing in this Ordinance or within the Oak Tree
Preservation and Protection Guidelines 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
keep the oak trees upon the property and under their control
in a safe, healthy condition. Except as provided in Section
4, any person who feels a tree located on property
Possessed, owned or controlled by them is a danger to the
safety of themselves, others or structural improvements on-
site or off-site shall have an obligation to secure the area
around the tree or support the tree, as appropriate to
safeguard both persons and improvements from harm.
Sect_ Enforcement.
(a) Violation pity Any person who cuts,
damages, moves anyoak tree within the City or encroaches
into the dripline of an oak tree in violation of this
chapter shall be deemed guilty of a misdemeanor and upon
conviction, may be punished as set forth in the Municipal
Code.
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(b) Violation, restitution It has been
determined that the oak trees within the City are valuable
assets to the citizens of this community and to the citizens
of the Santa Clarita Valley, and as a result of the loss or
damage to any of these trees, the public should be
recompensed. In addition to any penalties provided by
subsection (a) above, any person who cuts, damages or
removes any tree(s) in violation of the terms of this
Ordinance, is responsible for proper restitution and may be
required
bythedonation lofeorhbyoreplacing ak )two orso mmore oak oved or dtreesdof
reasonable equivalent size and value to the tree(s) damaged
or removed. The number, size and location of said
equivalent replacement oak tree(s) shall be determined by
the Director of Planning.
Section 9. Urgency.
This Ordinance is an urgency Ordinance and is for
the immediate preservation of the public peace, health and
safety. The facts constituting the urgency are these: The
City of Santa Clarita is newly incorporated and it comprises
terrthislOrrdi�nanceerly takeueffectprated. it is immediately in orders toythat
protect
the majestic oak trees and avoid further uncontrolled and
indiscriminate destruction of oak trees, which would
detrimentally affect the safety and welfare of the citizens
of Santa Clarita. This Ordinance promotes the welfare and
aesthetics of the community by saving trees of great
historical and environmental value. This Ordinance
accordingly shall take effect immediately and continue in
effect for a period of no longer than ten (10) months and
fifteen (15) days from January 28, 1988, provided, however,
that after notice pursuant to Section 65856 of the
Government Code and public hearing, the City Council may
extend the effectiveness of this Ordinance for a period of
one year.
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Section 10. Posting,
The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner
required by law.
July
PASSED, APPROVED AND ADOPTED this 14th day of
1988.
i
Mayor
ATTEST,,
AIC
Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
r^� CITY OF SANTA CLARITA )
j I HEREBY CERTIFY that the foregoing Ordinance was
duly introduced on the 14th day of Jul
1988, and adopted on the TTth day of July
1988, by the following roll call vote: '
AYES: Darcy, Heidt, Koontz, McKeon
NOES:
ABSENT: Boyer
TBM/ORD8401
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