HomeMy WebLinkAbout1989-04-25 - ORDINANCES - OAK TREE PRESERVATION (2)ORDINANCE NO. 89-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, PERTAINING TO OAK TREE
PRESERVATION, (REPEALS ORDINANCE NO. 88-46 AND AMENDS
CHAPTER 22.56 OF THE LOS ANGELES COUNTY CODE
AS ADOPTED BY REFERENCE).
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 88-46, ("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"), as adopted by the City Council
of the City of Santa Clarita, is hereby repealed.
Section 2. Title 22, Chapter 22.56.2050 through
22.56.2260 of the County of Los Angeles Planning and Zoning
Code as adopted by reference by the City of Santa Clarita,
is hereby amended and superceded to read as follows:
22.56.2050. Title.
This ordinance shall be known and may be cited as
the "City of Santa Clarita Oak Tree Preservation Ordinance".
22.56.2060. Purpose.
The purpose of this ordinance is to protect and preserve
oak trees in the City and to ,provide regulatory measures designed
to accomplish this purpose.
The City lies in the Santa Clarita Valley, the beauty
and natural setting of which is greatly enhanced by the presence
of large numbers of majestic oak trees. These indigenous oak
trees are recognized for their significant historical, aesthetic
and environmental value. They are indicator species for the
natural communities in which they exist, supporting a broad
spectrum of other native plant and animal species. As one
of the most picturesque trees in the Southern California area,
they lend beauty and charm to the natural and man-made landscape,
enhance the value of property and preserve the character of
the communities in which they exist.
Development within the Santa Clarita Valley has resulted
in the removal of a great number of oak trees. Further uncontrolled
and indiscriminate destruction of this diminishing plant heritage
would detrimentally affect the general health, safety and welfare
of the citizens of Santa Clarita. The preservation 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.
22.56.2070. Oak Tree Policy.
It shall be the policy of the City of Santa Clarita
to require the preservation of all healthy oak trees unless
compelling reasons justify the removal of such trees. This
policy shall apply to the removal, pruning, cutting and/or
encroachment into the protected zone of oak trees. The City
Manager or his designated representative ("Director"), in conjunction
with an oak tree preservation consultant as necessary, shall
have the primary and overall responsibility to administer,
evaluate and monitor this policy to assure strict compliance.
Additional policy and standards shall be as set forth in the
City's Oak Tree Preservation and Protection Guidelines following
adoption by the City Council.
22.56.2080. Definitions.
(a) "Cutting" means the detaching or separating,
either partial or whole, from a protected tree, any part of
the tree including but not limited to, any limb, branch, root,
or leaves. Cutting shall include pruning and trimming.
(b) "Damage" means any action undertaken which causes
or tends to cause injury, death, or disfigurement to a tree.
This includes, but is not limited to, cutting, poisoning, burning,
overwatering, relocating or transplanting a protected tree,
changing or compacting the natural grade within the protected
zone of a protected tree, changing groundwater levels or drainage
patterns, or trenching, excavating or paving within the protected
zone of an oak tree.
(c) "Deadwood" means limbs or branches that contain
no green leaves or live tissue. A tree or limb may be considered
dead if it does not show evidence of any green leaves or live
branches over the span of one (1) year, inclusive of prime
growing weather.
(d) "Dripline" shall mean the outermost edge of
the tree's canopy. When depicted on a map or on the ground,
the dripline will appear as an irregularly shaped outline that
follows the contour of the furthest extension of the limbs
and leaf canopy.
(e) "Encroachment" means any intrusion into the
protected zone of an oak tree which includes, but is not limited
to, pruning, grading, excavating, trenching, dumping of materials,
parking of vehicles, placement of incompatible landscaping
or animal corrals, storage of materials or equipment, or the
construction of structures, paving or other improvements.
For purposes of this section, encroachment shall not include
the action of a person physically entering the protected zone
of an oak tree.
(f) "Heritage Oak Tree" shall mean any oak tree
measuring one hundred eight inches (108") or more in circumference
or, in the case of a multiple trunk oak tree, two (2) or more
trunks measuring seventy-two inches (7211) each or greater in
circumference, measured four and one half feet (4z1) above
the natural grade surrounding such tree. In addition, the
Planning Commission and/or City Council may classify any oak
tree, regardless of size, as a heritage oak tree if it is determined
by a majority vote thereof that such tree has exceptional historic,
aesthetic and/or environmental qualities of major significance
or prominence to the community.
(g) "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), Canyon Oak
(Quercus chrysolepis), Interior Live Oak (Quercus wislizenii),
and Scrub Oak (Quercus dumosa), regardless of size.
(h) "Oak Tree Preservation and Protection Guidelines"
or "Guidelines" means the policy established by the City Council
and the administrative procedures and rules established by
the Director of Community Development for the implementation
of this ordinance.
(i) "Person" means any natural person, partnership,
firm, corporation, governmental agency or other legal entity,
but does not include the City of Santa Clarita.
(j) "Protected zone" shall mean a specifically defined
area totally encompassing an oak tree within which work activities
,.. are strictly controlled. Using the dripline as a point of
reference, the protected zone shall commence at a point five
(5) feet outside of the dripline and extend inwards 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.
(k) "Removal" means the physical removal of a tree
or causing the death of a tree through damaging, poisoning
or other direct or indirect action.
(1) "Routine maintenance" means actions taken for
the continued health of an oak tree such as insect control
spraying, limited watering, fertilization, deadwooding and
ground aeration. For the purposes of this ordinance, routine
maintenance shall not include pruning.
22.56.2090. Oak Tree Preservation.
Any person who owns, controls, has custody or possession
of any real property within the City of Santa Clarita shall
make a reasonable effort to maintain all oak tree(s) located
thereon in a state of good health. Failure to do so will constitute
a violation of this ordinance.
22.56.2100. Permit Required.
No person shall cut, prune, remove, relocate, endanger,
damage or encroach into the protected zone of any oak tree
on any public or private property within the City except in
accordance with the conditions of a valid oak tree permit issued
by the City. The applicant shall be required to furnish all
necessary information as determined by the Director together
with the appropriate fee as established by Council resolution.
Application materials shall include, but not be limited to,
an oak tree report conforming to the Director's specifications,
a survey of the tree, its dripline, and protected zone location,
illustrations and justifications of the proposal and tree tagging
unless waived by the Director.
22.56.2110. Exemptions.
Notwithstanding the provisions of section 22.56.2100,
a permit is not required under the following circumstances:
(a) For trees that do not exceed six inches (6")
in circumference when measured at a point four and a half feet
(421) above the tree's natural grade.
(b) In cases of emergency, including, but not limited
to, thunderstorms, windstorms, floods, earthquakes, fires or
other natural disasters or potential safety hazards, the City's
oak tree consultant, authorized City official, or any member
of law enforcement or law enforcement agency, forester,
fireman, civil defense official or code enforcement officer
in their official capacity may order or allow the removal
of part or all of a protected tree if, upon visual inspection,
such tree is determined to be in a hazardous or dangerous condition.
If possible, prior notice to the Director shall be provided.
Subsequent to the emergency action, written notification shall
be provided to the Director describing the nature of the emergency
and action taken.
(c) For trees planted, grown and/or held for sale
as a part of a.licensed nursery business.
(d) Pruning by a public service or utility necessary
to protect or maintain overhead clearance for existing electric
power or communication lines, or public rights-of-way, subject
to prior notice to the Director in non -emergency situations.
All pruning work shall follow proper arboricultural practices
as approved by the Director and/or the City's oak tree consultant.
(e) Pruning of limbs or 'deadwood provided such live
limbs do not exceed six inches (6") in circumference at the
location of the cut. All pruning work shall follow proper
arboricultural practices as approved by the Director and/or
the City's oak tree consultant and shall not be excessive to
the extent that the life of the tree is endangered.
(f) When the property owner has received written
permission from the Director for the removal of a maximum of
three (3) Scrub Oak (Quercus dumosa).
(g) Routine maintenance as defined herein.
22.56.2120. Use of explosives.
All tree fellers, tree surgeons, or any other person
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.
22.56.2130. Authority.
a. The Director may approve, deny, or conditionally
approve a request for the removal of three (3) or fewer oak
trees on a single parcel except for Heritage Oak Trees as provided
herein. The Director may also approve, deny, or conditionally
approve a request for pruning or encroachment involving an
unlimited number of oak 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. The Director may refer any request
for an oak tree permit directly to the Planning Commission
if the Director determines that special circumstances may exist
with regard to the status of the tree(s), special community
interest, or exceptional aesthetic, environmental or historical
value. Any request for removal of four or more oak trees or
one or more Heritage Oak Trees on a single parcel shall be
reviewed by the Planning Commission who may approve, deny or
conditionally approve such request. The decision of the Planning
Commission may be appealed to the City Council pursuant to
the provisions of this code.
b. Notwithstanding the Director's authority under
the preceeding paragraph to act on requests relating to oak
trees, whenever the request involves another project requiring
a recommendation or approval by the Planning Commission, the
Director shall refer the request to the Planning Commission.
22.56.2140. Standards.
An oak tree permit may be approved based upon one
or more of the following findings by the decisionmaker:
(a) The condition or location of the oak tree(s)
requires cutting to maintain or aid its health, balance or
structure.
(b) The condition of the tree(s) with respect to
disease, danger of falling, proximity to existing lots, pedestrian
walkways or interference with utility services cannot be controlled
or remedied through reasonable
g preservation and/or preventative
procedures and practices.
(c) It is necessary to remove, relocate, prune,
cut or encroach into the protected zone of an oak tree to enable
reasonable use of the subject property which is otherwise prevented
by the presence of the tree and no reasonable alternative can
be accommodated due to the unique physical development constraints
of the property.
(d) The approval of the request will not be contrary
to or in conflict with the general purpose and intent of the
Oak Tree Preservation Ordinance.
(e) No heritage oak tree shall be removed unless
one or more of the above findings are made and the decisionmaker
also finds that the heritage oak tree's continued existence
would prevent any reasonable development of the property and
that no reasonable alternative can be accommodated due to the
unique physical constraints of the property. It shall further
be found that the removal of such heritage oak tree will not
be unreasonably detrimental to the community and surrounding
area.
22.56.2150. Conditions.
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.
(b) The relocating of trees on-site or off-site,
or the planting of new trees on-site or off-site to offset
the loss of a tree. The applicant shall be responsible for
periodic submission of affidavits by a certified oak tree expert
at the conclusion of grading and construction one year after
the planting of replacement or relocated trees and two years
after the planting of replacement or relocated trees for on-site
trees only. Such affidavit shall certify compliance with all
conditions of the permit and the health of all replacement
or relocated trees. This requirement shall be supplemented
by random inspections by the City of Santa Clarita. The applicant's
acceptance of an approved permit and the exercise of rights
thereunder shall be deemed consent to allowing City officials
reasonable access to the property for the purpose of conducting
such inspections.
(c) A condition requiring an objectively observable
maintenance and care program to be initiated to insure the
continued health and care of oak trees on the property.
(d) Payment of a fee or donation of boxed trees
to the City or other approved public agency to be used elsewhere
�- in the City. Such fee or boxed trees shall be of equivalent
value to any and all oak trees removed from the property as
defined by the International Society of Arboriculture's (ISA)
current edition of "Guide to Establishing Values for Trees
and Shrubs", a copy of which shall be kept on file in the City's
Community Development Department. The applicant shall be credited
with the value of any replacement oak trees which may be required.
Such fees shall be utilized for the purpose of furthering the
preservation and regeneration of oak trees, the identification
and official designation of heritage oaks, the purchase, monitoring
and ongoing maintenance of oak trees, landscaping and other
habitat refurbishment, and for educational and informational
programs related to oak trees and their preservation. As an
alternative to the payment of all or a portion of the fees
described above, an applicant may also be credited with the
value of any accepted dedications of property within the City
which are suitable for the planting and survival of oak trees
Fees imposed under this section may be reduced as mitigated
by specific circumstances and corrective measures undetected
by the property owner..
22.56.2160. Reimbursement.
The City's Oak Tree Consultant or the Director's
designee shall review the information submitted with the oak
tree permit request and make appropriate recommendations and
site inspections. All consultant and/or staff time costs expended
in connection with such review, including but not limited to
review of submitted reports, plans, meetings, site inspections
and monitoring shall be billed on an hourly basis and reimbursed
by the applicant when the cost of services exceeds the cost
covered by the permit fee.
22.56.2170. 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 Sections 22.56.2100 and 22.56.2110,
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.
22.56.2180. Enforcement.
(a) Any person who cuts, damages, moves or removes
any oak tree within the City, unlawfully encroaches into the
protected zone of an oak tree or who fails to comply with conditions
of approval or pay required fees or does any other act in
violation of the Oak Tree Preservation Ordinance or a permit
issued pursuant hereto shall be guilty of a misdemeanor.
(b) In addition to the penalty described in Section
22.56.2180 (a), the Director may suspend an oak tree permit
or building permit if he determines that the permittee or owner
of the real property which is the subject of the permit, or
•� r
one or more of their agents, has violated a condition of approval
of an oak tree permit issued pursuant hereto or has violated
any provision of this Oak Tree Preservation Ordinance (additional
reference, Uniform Building Code, section 303 (e)). The Director's
determination to suspend a permit shall be subject to appeal
as provided in this code.
22.56.2190. Additional Permit.
Notwithstanding any action taken pursuant to Section
22.56.2180, whenever the Director determines that any person
has without a permit conducted activities prohibited by this
Oak Tree Preservation Ordinance, the Director may require such
person to obtain an oak tree permit pursuant to this ordinance.
Section 3.
Title 22, Chapter 22.56, Sections 22.56. 2200 through
22.56.2260 of the Los Angeles County Code as adopted by reference
by the City of Santa Clarita are hereby repealed.
Section 4. Posting.
The City Clerk shall certify to the adoption of this
ordinance and cause it to be published in the manner required
by law.
PASSED, APPROVED, AND ADOPTED this 25th day of
April , 1989.
J Heidt
or
ATTEST
L�"
e A. C rava ho
ity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, George Caravalho , City Clerk of the City of Santa
Clarita, do hereby certify that the foregoing Ordinance was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the nth day of April
19 89. That thereafter, said ordinance was duly adopted and
passed at a regular meeting of the City Council on the 25th
day of April , 1989, by the following vote to wit:
AYES: COUNCILMEMBERS: Boyer, Darcy, Koontz, McKeon, Heidt
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None