Hidden Hills Municipal Code Ch. 8 Tree Preservation

Footnotes:

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Editor's note— Ord. No. 319, §§ 1, 2, adopted November 14, 2005, repealed the former Ch. 8, §§ 5-8-1—5-8-9, and enacted a new Ch. 8 as set out herein. The former Ch. 8 pertained to similar subject matter and derived from Ord. 164, 2-2-85; Ord. 260, 1-25-93; Ord. No. 315, §§ 1, 2, 2-23-04; Ord. No. 316, §§ 1, 2, 8-9-04.

The City Council hereby finds, determines and declares that proper and necessary steps must be taken immediately to protect and preserve, to the greatest extent possible, Native Oak Trees and designated Historic Trees in order to protect the health, safety or welfare of the citizens of the City.

(Ord. No. 319, § 2, 11-14-05)

The provisions of this Chapter shall apply to all Native Oak Trees and designated Historic Trees on all public or private property within the limits of the CR (Restricted Commercial) Zone.

(Ord. No. 319, § 2, 11-14-05)

For the purpose of this Chapter, certain words and phrases used herein shall be defined as follows:

Damage: Means any act causing injury to the root system or other parts of a tree, including, without limitation, burning, application of toxic substances, operation of equipment or machinery and paving, changing the natural grade, trenching or excavating inside or within five feet of the drip line.

Historic Tree: Means a living tree designated by resolution of the City Council as a Historic Tree because of an association with some event or person of historical significance to the community or because of special recognition due to size, condition or aesthetic qualities. In addition, the following shall be automatically deemed "Historic Trees": all trees in the City which are 36 inches or more in circumference (11.46 inches in diameter) as measured two feet above the mean natural grade or, in the case of a tree with more than one trunk, whose combined circumference of any two trunks is 54 inches or more as measured from two feet above the mean natural grade.

Lot: Means an area of land created or established for purposes of sale, lease, finance, division of interest or separate use, separated from other lands by description on a subdivision map, parcel map or certificate of compliance.

Native Oak Tree: Means a living tree of the genus Quercus and species lobata, agrifolia, dumosa or California native hybrids thereof. A "Native Oak Tree" which is 12.5 inches or more in circumference (four inches in diameter) for a single trunk tree or, in the case of an oak with more than one trunk, whose combined trunks equal at least 18.8 inches or more in circumference (six inches in diameter) as measured four and one-half feet above mean natural grade, shall be covered within this Chapter.

Planning Director: The City's Planning Director or the Planning Director's designee.

Severe Pruning and/or Trimming: In the case of Historic Trees, Severe Pruning and/or Trimming shall be defined as topping, or the cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy. In the case of Native Oak Trees, Severe Pruning and/or Trimming shall be defined as topping, or the cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy.

(Ord. No. 319, § 2, 11-14-05)

No Native Oak Tree or Historic Tree shall be Severely Pruned and/or Trimmed, removed, cut down or otherwise Damaged, nor shall any grading or construction activities occur inside of or within five feet of the drip line of any such trees, except pursuant to a tree permit issued by the City Council or a minor tree permit pursuant to Section 5-8-7.

(Ord. No. 319, § 2, 11-14-05)

A. Permit and Fee Established: The Planning Director shall establish the format and information required for a tree permit consistent with this Title. The City Council shall establish a fee to offset the City's costs in processing this permit. [2]

B. Inspection of Premises: Prior to the issuance of a tree permit, the Planning Director shall, at the applicant's expense, engage a qualified tree specialist to inspect the premises involved and provide a tree report which includes the following:

1. Designation of the trees to be Severely Pruned and/or Trimmed, removed, modified or relocated, along with any specific measures which must be followed in order to protect any trees to be affected.

2. Recommendations for conditions to be imposed on the tree permit.

3. Recommendations for replacement trees and specifications for any such trees such as number, size, type and location.

4. An analysis of whether the application meets the criteria for granting a tree permit.

5. Any other information or analysis pertinent to the applicant's request for a tree permit.

C. Tree Permits Granted by the Planning Director:

1. Notwithstanding Section 5-8-4, the Planning Director may issue a tree permit without the prior approval of the City Council if the applicant meets all the following conditions:

a. No more than five Native Oak Trees and/or Historic Trees are to be Severely Pruned and/or Trimmed, removed, cut down, Damaged, or impacted by grading or construction activities inside or within five feet of the drip line of any such trees;

b. Significant on-site vegetation shall remain on the site; and

c. The adjacent property owners have been notified of the application and provided the opportunity to submit comments to the Planning Director within ten days of the notification. If the Planning Director receives an objection to the issuance of a tree permit, the Planning Director shall automatically refer the application to the City Council for determination.

2. Replacement trees provided shall be at a ratio of four trees for each tree removed, unless otherwise recommended by the Planning Director. However, in no event may the Planning Director issue a permit requiring a replacement ratio of less than two trees for each tree removed.

3. Notwithstanding this subsection C., the Planning Director may refer any application to the City Council for determination.

D. Standards for Granting or Denying a Tree Permit:

1. The determination by the Planning Director or the City Council shall be based on information submitted by the applicant and the report by the City's qualified tree specialist. No tree permit shall be issued unless the decision maker makes both of the following findings:

a. That the proposed construction, activity or use will be accomplished without endangering the health of the remaining trees, if any, on the subject property; and

b. That the granting of the tree permit, will not result in soil erosion through the diversion or flow of surface waters which cannot be satisfactorily mitigated.

2. In addition to the above findings, at least one of the following findings shall also be made:

a. That granting of the tree permit is necessary, since the continued existence of the trees at the present location frustrates the planned development or use of the subject property to such an extent that:

(1) Alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive; or

(2) The existing location of such trees precludes reasonable and efficient use of such property for a use otherwise authorized; or

b. That the trees interfere with utility services or streets and highways, either within or outside of the subject property, and such interference cannot reasonably be eliminated except through issuance of a tree permit; or

c. With reference to trees with a seriously debilitating disease or in danger of falling, that the condition of the trees is such that it cannot be remedied through reasonable preservation procedures and practices.

3. The Planning Director shall give priority to inspection of those requests based upon hazardous conditions.

E. Conditions Associated with Issuance of a Tree Permit: The Planning Director or City Council, in approving an application for a tree permit, may impose such conditions as are deemed appropriate to insure that the tree permit will be in accord with the findings required by subsection D. of this Section and the tree permit will not adversely impact the general welfare. These conditions may involve, but are not limited to, the following:

1. The replacement of trees proposed for removal or relocation with trees of a suitable type, size, number, location and date of planting. In determining the need for replacement trees, the relocation of trees approved for removal is not necessarily a mitigating factor. The Planning Director or Council, however, may consider but is not limited to, the following factors:

a. The vegetative character of the surrounding area.

b. The number of trees subject to this Chapter which are proposed to be removed in relation to the number of such trees currently existing on the subject property.

c. The anticipated effectiveness of the replacement of trees.

d. The development plans submitted by the applicant for the proposed construction or the proposed use of the subject property.

2. A plan for protecting Native Oak Trees and Historic Trees on the subject property during and after development such as, but not limited to, the following requirements:

a. The requirement that until development is completed, the applicant install chain-link fencing not less than four feet in height around the drip lines of trees as shown on the site plan.

b. The requirement that the applicant provide an individual with special expertise acceptable to the Planning Director to supervise all excavation or grading proposed within drip lines.

c. The requirement that any excavation or grading allowed inside or within five feet of the drip line of a tree be limited to hand tools or small hand-powered equipment.

d. The requirement that trees on other portions of the subject property not included within the site plan also be protected by restricting storage, machinery storage or access during construction.

e. The requirement that the trees identified on the site plan be physically identified by number as designated on such plan in a manner acceptable to the Planning Director.

f. The requirement that corrective measures be taken for trees noted on the tree report as requiring remedial action, including pest control, pruning, fertilizing and similar actions.

3. The requirement that, prior to any tree removal, a building permit and/or grading permit, whichever is applicable, has been issued for any Lot proposed for development where the development project has been approved on that Lot by the City.

F. In no case shall an applicant for a tree permit be required to replace or otherwise pay for the value of any trees which the City or other public agency or authorized public official has directed the applicant to remove so that a public street may be constructed or interference with a utility line may be avoided or a hazardous situation abated.

(Ord. No. 319, § 2, 11-14-05)

Footnotes:

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See Title 2, Chapter 1 of this Code for collection procedures.

The following are exempt from the provisions of this Chapter:

A. Emergency: Cases of emergency where the Planning Director, or any member of a law enforcement agency or the Los Angeles County Fire Protection District, in the performance of his duties, determines that a tree poses an imminent threat to the public safety or general welfare. If conditions and circumstances permit, the public official shall consult with the Planning Director prior to ordering the removal of any tree.

B. Line of Sight Restrictions: Removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the City Traffic Engineer.

C. Damaging Trees: Removal of street trees from within the public right of way which, in the opinion of the Planning Director, will cause damage to existing public improvements.

D. Power or Communication Line Interference: Actions taken for the protection of existing electrical power or communication lines or other property of a public utility.

E. Nursery Trees: Trees planted, grown and/or held for sale by licensed nurseries or the removal, maintenance or transplanting of same pursuant to, and as a part of, the operation of a licensed nursery business.

F. Normal Pruning and Trimming: This Section shall not preclude pruning or trimming other than Severe Pruning and/or Trimming, which does not endanger the life of the tree.

G. Parkway Trees: Trees on property not owned by the City and located within a distance of 15 feet of the nearest edge of the paved portion of any existing street or roadway used for vehicular purposes if such trees are maintained by the Hidden Hills Community Association.

(Ord. No. 319, § 2, 11-14-05)

A. Notwithstanding Section 5-8-5, the Planning Director may issue a minor tree permit if the applicant meets all the following conditions:

1. No more than two Historic Trees are to be Severely Pruned and/or Trimmed, removed, cut down, Damaged or impacted by grading or construction activities inside or within five feet of the drip line of any such trees.

2. In the side or front yard or other yard area that is adjacent to a street where the Historic Tree activity described in paragraph A.1. takes place, a minimum of two Historic and/or Native Oak Trees shall remain. If less than two Historic and/or Native Oak Trees remain, replacement tree(s) shall be planted in accordance with Section 5-8-7 C.

B. Inspection of Premises: Prior to the issuance of a minor tree permit, the Planning Director shall inspect the premises involved to verify that the application meets the requirements set forth in Section 5-8-7 A.

C. Replacement Trees: If replacement trees are required, the applicant shall submit a tree replacement plan that includes the following information: tree size, tree type, the location of all trees to be removed and all replacement trees. Replacement trees shall not be less than 48-inch boxes.

D. A minor tree permit for up to two Historic Trees shall not be issued more than once every five years on the same property. A minor tree permit may not be issued for activities involving a Native Oak Tree.

E. Permit and Fee Established: The Planning Director shall establish the format and information required for a minor tree permit consistent with this Title. The City Council shall establish a fee to offset the City's costs in processing this permit.

(Ord. No. 319, § 2, 11-14-05)

A bond shall be posted to the satisfaction of the Planning Director to guarantee the survival of replacement or relocated trees for a period of three years from that date that such trees are planted. For the purposes of establishing the bond amount, the replacement value of such trees shall be established using one or more of the following procedures:

A. Planning Director's Estimate: If mutually agreed upon by the applicant for the tree permit and the Planning Director, the Planning Director may prepare an estimate of the value of the certain trees; and/or

B. Appraisal: The applicant for a tree permit may submit an appraisal prepared by a horticulturist, arborist or licensed landscape architect.

(Ord. No. 319, § 2, 11-14-05)

Decisions of the Planning Director may be appealed to the City Council. The appeal must be submitted to the City Clerk within 15 days of the Planning Director's action.

(Ord. No. 319, § 2, 11-14-05)

A. No person shall violate any provisions or fail to comply with any of the requirements of this Chapter. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter or violating a condition of a tree permit granted under authority of this Chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Chapter shall be punishable as set forth in Section 1-5-1 of this Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person and shall be punishable accordingly.

B. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a nuisance and may be, by this City, summarily abated as such, and every day such condition continues shall be regarded as a new and separate offense.

(Ord. No. 319, § 2, 11-14-05)