Chapter 16.08 — TREE PRESERVATION

The City is situated in an area which originally contained many large and majestic trees and orchards. During the development of the City over a period of years, many of the original trees were cut down; many of the orchards were obliterated for the purpose of tract housing. The loss of these trees has interfered with the natural scenic beauty of the City, reduced the attractiveness of the City to visitors and residents, destroyed one of the remaining historical links with the past, tended to lower the quality of the environment, interfered with the growth and development of the area as a suburban low density residential community, depressed and in some cases reduced property values. For these reasons, the Council finds that the regulation of tree removal will aid in beautification of the City, encourage sound development and raise property values and promote the health, safety, prosperity and general welfare of the residents and property owners consistent with the right of an individual to develop private property in a manner which will not be prejudicial to the public interest. (Prior code § 33A-1)

For the purposes of this chapter:

"Tree" means any live plant which has a single trunk measuring at least three inches in diameter, measured at a point two feet above ground level. (Prior code § 33A-2)

• A. No person shall cut down, destroy or remove any tree growing within the City limits in the public right-of-way without a permit issued by the Community Development Director.

• B. No person shall cut down, destroy or remove any tree growing within the City limits on an individual vacant lot without a permit issued by the Community Development Director in conjunction with any required building, excavation or grading permits.

• (Prior code § 33A-3)

The Community Development Director, in determining whether or not to issue a permit, shall base his or her decision upon the following:

• A. The condition of the tree with respect to disease, general health, danger of falling, proximity to existing or proposed structures and interference with utility service;

• B. The topography of land and the effect of the tree removal on erosion, soil retention and the diversion or increased flow of surface waters;

• C. The number of trees existing in the neighborhood, the standards, if any, in the neighborhood relating to the existence and distribution of trees and the effect of tree removal upon property values in the area, and upon the public health, safety, prosperity, beauty and general welfare of the area;

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City of Yorba Linda, CA

ENVIRONMENT

§ 16.08.040

§ 16.08.090

• D. The existing and future street right-of-way and the development proposals for the area;

• E. The plant palette for the area as identified in the Yorba Linda Master Landscape/ Streetscape Plan;

• F. The number of healthy trees that the parcel of land upon which such tree is growing will support and other good forestry practices.

(Prior code § 33A-4)

In granting a permit, the Community Development Director may attach reasonable conditions to ensure compliance with the intent and purpose of this chapter, including the replacement of trees subject to specifications as to number, size, type and location. The Community Development Director also may require that adequate safety precautions are provided to ensure that the removal of trees will not endanger adjacent properties or improvements. (Prior code § 33A-5)

The Community Development Director may refer an application for a permit to another department, commission or committee for a report and recommendation. (Prior code § 33A-6)

In the case of subdivision or division of land, the grading plan shall show the location of each tree proposed to be removed. If the City approved the subdivision map, it is not necessary to file an application as prescribed in Section 16.08.040, and the approval of the City of the subdivision may constitute a permit to remove the trees designated for removal on the grading plan. (Prior code § 33A-8)

Any decision made by the Community Development Director pursuant to this chapter may be appealed by the applicant or any affected resident or property owner in the City to the City Council. A person desiring to appeal such decision shall file a notice of appeal, in writing, with the Community Development Director within ten days after the date of the decision being appealed. The notice shall state briefly the facts of the grounds of appeal and be signed by the appealing party.

(Prior code § 33A-9)

In case of emergency caused by a tree being in a hazardous or dangerous condition posing an immediate threat to person or property, any member of the police department, fire department or public works department may authorize removal of such tree. (Prior code § 33A-7)

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City of Yorba Linda, CA § 16.12.010

ENVIRONMENT