HomeMy WebLinkAbout2005-03-08 - ORDINANCES - ADOPT OAK TREE ORD REVISIONS (2)ORDINANCE NO. 05-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING SECTION 17.17.090
OF TITLE 17, OF THE SANTA CLARITA MUNICIPAL CODE
CONCERNING OAK TREE PRESERVATION
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Sub -Section A. of Section 17.17.090 is amended as follows:
A. Definitions.
"Encroachment" shall mean 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
commercial 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.
Encroachments shall be categorized as either "maior" or "minor" for oak trees located on
properties occupied by a single family residence. A major encroachment means any intrusion
into the protected zone as defined above in an area between the outer edge of the trunk and 50%
of the diameter of the protected zone. A minor encroachment will mean any intrusion into the
protected zone as defined herein in an area between the outermost edge of the protected zone and
50% of the diameter of the protected zone.
"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. In the case of properties occupied by a single family residence, Scrub Oak
(Ouercus dumosa) shall be excluded from this list.
"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 pursuant to the
requirements of 17.17.090.E.8.
SECTION 2. That Sub -Section E.1 of Section 17.17.090 is amended as follows:
E. Exemptions.
1. For trees that do not exceed six inches (6") in circumference when measured at a point four
and a half feet (4'h ') above the tree's natural grade or for those trees on properties occupied
Ordinance No. 05-4
Page 2
by a single family residence that do not exceed twelve and one-half inches (12.5") in
circumference when measured at a point four and a half feet (4'/z `) above the tree's natural
rg ade.
SECTION 3. That Sub -Sections E.8, E.9 and E.10 are added as follows:
8. Pruning of limbs of an oak tree(s) on the properties occupied by a single family residence
provided that such pruning is undertaken under the supervision of an Arborist retained by the
owner and approved by the Director.
9. Minor encroachments as defined herein.
10. For those trees that are purchased and/or planted for non -mitigation purposes by the property
owner of a single family residence on the same property occupied by the residence. The
owner shall not remove oaks owned and maintained by the City.
SECTION 4. That Sub -Section G. of Section 17.17.090 is amended as follows:
G. Authority.
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 Heritage Oak trees as provided herein. The Director
may approve, deny or conditionally approve a request for the removal five (5) or fewer trees
when the applicant is the owner of a single family residence and the trees in question are on the
applicant's lot. The Director may also approve, deny, or conditionally approve a request for
pruning by a certified arborist or encroachment involving an unlimited number of oak trees. The
decision of the Director may be appealed to the Planning Commission and the Comrnission'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 six or more oak trees on a property occupied by
a single family residence 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.
SECTION 5. That Sub -Section I.5 of Section 17.17.090 is added as follows:
I. Conditions.
5. For mitigation of oaks due to removal, and/or major encroachment of non -heritage oak trees
on a property occupied by a single family residence, any required tree replacements shall be
based on a six inch increment as follows:
Ordinance No. 05-4
Page 3
• 8" to 12" = Two (2)
24 -inch box native oaks
• 12"to 18" = Three (3) 24 -inch box native oaks
• 18" to 24" = Four
(4) 24 -inch box native oaks
• 24" to 30" = Five
(5) 24 -inch box native oaks
• 30" to 36" = Six (6)
24 -inch box native oaks
• increase in six (6)
inch increments
Replacement trees shall be planted on the same property from which they were removed unless
there is no appropriate place for planting. If an appropriate location for replanting does not exist,
mitigation trees may be donated to the City following the replacement schedule above or their
monetary value may be paid to the City to the satisfaction of the Director.
SECTION 6. This Ordinance shall be in full force and effect thirty (30) days from its
passage and adoption.
SECTION 7. That if any portion of this ordinance is held to be invalid, that portion shall
be stricken and severed, and the remaining portions shall be unaffected and remain in full force
and effect.
SECTION 8. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 8th day of March, 2005.
I *•
ATTEST:
CITY CLERK
Ordinance No. 05-4
Page 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 05-4 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 22nd day of February, 2005. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 8th day
of March, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS: McLean, Weste, Kellar, Smyth
NOES: COUNCILMEM 3ERS: None
ABSENT: COUNCILMEMBERS: Ferry
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 05-4, adopted by the City Council of the City of
Santa Clarita, CA on March 8, 2005, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_.
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk