Article c — RESPONSIBILITY

Sec. 5-7-405. - Urban Forestry Guideline Manual.

A.

Rules, procedures, and interpretations shall be formulated as may be necessary or convenient to administer this chapter. Such rules, procedures, and interpretations shall be referred to as the "Urban Forestry Guideline Manual." The Urban Forestry Guideline Manual may be amended by the administrative authority, providing such amendments are consistent with the purpose and intent of this division.

B.

In the event of any conflict between said manual and this chapter, the provisions of this chapter shall govern. Copies of the Urban Forestry Guideline Manual shall be on file in the office of the City Clerk and be made available to the public at a fee sufficient to recover costs.

(Code 1976, § V.G-600; Ord. No. 94-8, § 2, 6-14-94)

Sec. 5-7-406. - Reserved. Sec. 5-7-407. - Jurisdiction.

This chapter shall apply to all trees defined as and located within:

A.

Public trees in the right-of-way of public streets.

B.

Public trees located in and around public parks and other public facilities.

C.

Trees in common areas located in village edges and landscape or parking lot setbacks on arterial streets.

D.

Private trees on nonresidential properties to the extent Zoning Ordinance requirements are effective. The Zoning Ordinance does not restrict tree removal, but does imply tree replacement in order to maintain specific ratios of trees to parking stalls and linear boundary.

E.

Significant trees as defined in Section 5-7-404.

(Code 1976, § V.G-601; Ord. No. 94-8, § 2, 6-14-94)

ARTICLE d. - GOALS

Sec. 5-7-408. - Goals.

The following goals are established to achieve the purpose and intent of Urban Forestry Ordinance:

A.

To protect trees for their historical, biological, or aesthetic value, including, but not limited to, native oaks, native sycamores, and eucalyptus windbreaks.

B.

To sustain and improve the integrity of the design character for Irvine villages.

C.

To ensure that tree management decisions are made with the assistance of qualified professionals.

D.

To encourage long-range planning for urban and community forest management.

E.

To encourage proper tree selection where consideration is given to available growing space, soil suitability, and desired effect.

F.

To encourage tree species diversity at the village and City level.

(Code 1976, § V.G-700; Ord. No. 94-8, § 2, 6-14-94)

ARTICLE e. - REQUIREMENTS

Sec. 5-7-409. - Topping prohibited.

As defined in Section 5-7-404, topping is prohibited except in cases where a tree removal permit has been issued or in cases of emergency where immediate threat to persons or property is posed.

(Code 1976, § V.G-800; Ord. No. 94-8, § 2, 6-14-94)

Sec. 5-7-410. - Tree removal.

A.

Permits for tree removal. A permit shall be required to remove any significant tree on public or private land to which this chapter applies. Permits which do not specifically show or list trees to be removed shall be assumed to not permit tree removal.

B.

Criteria for permits. The City Arborist shall use the following criteria to grant approval for tree removal permits pursuant to this section:

1.

Trees that are dead or in significant and irreversible decline. Significant decline is defined as dead limbs composing more than one-third of the tree crown.

2.

Trees that have a potentially hazardous and incorrectable structure.

3.

Trees that are stunted or malformed due to crowding from adjacent trees or structures.

4.

Trees that have an insect or disease infestation that is not treatable and could cause tree mortality.

5.

Trees that are causing damage to structures as follows:

a.

Sidewalks, curbs, drives, buildings, and other structures. Removal shall be granted if the cost to repair the damage exceeds the appraised value of the tree (using the method established by the International Society

of Arboriculture for tree appraisal), if the process of repair will compromise the health and safety of the tree, or if the tree is determined to be incompatible with the growing space available.

b.

Sewer, gas, electrical, water and other utilities. Removal shall be granted if it can be determined that the tree caused the damage to the utility. If the center of the tree trunk is located within three feet of a utility line, it is assumed to have caused the damage. It will be the applicant's responsibility to demonstrate cause if the tree is beyond three feet from the utility line.

6.

Trees that have yet to cause damage to structures, but are determined to be incompatible with the growing space available as follows:

The applicant shall complete a comprehensive management plan through the City's Community Forests Program or equivalent to address phased removals and appropriate replacement prior to approval of a tree removal permit.

7.

Trees that are significantly inhibiting the utilization of the property and removal can be determined to provide public benefit. The Planning Commission will evaluate permits submitted under this criterion.

8.

Trees on nonresidential property shall only be subject to the replacement criteria in Section 5-7-410C.2.

C.

Replacement.

1.

Trees removed shall be replaced at a one-for-one ratio either on site in a similar location, on site in a different location, or off site as prescribed in the Urban Forestry Guideline Manual based on the determination of the City Arborist.

2.

Trees removed on nonresidential property shall be replaced at a one-for-one ratio in conformance with the most current landscape plan approved by the City based on the determination of the City Arborist. Trees removed on nonresidential property where existing tree density does not comply with that specified in the most current landscape plan shall be replaced at a ratio not to exceed the tree density specified in that plan based on the determination of the City Arborist. In either case trees may be replaced either on site in a similar location, on site in a different location, or off site as prescribed in the Urban Forestry Guideline Manual based on the determination of the City Arborist.

D.

Fee. Each applicant shall pay a fee in an amount as established by resolution of the City Council, which may be amended from time-to-time, to cover the costs of administering this chapter.

(Code 1976, § V.G-801; Ord. No. 94-8, § 2, 6-14-94)

ARTICLE f. - PENALTY AND APPEAL

Sec. 5-7-411. - Penalty for violation.

Any property owner or his or her agent that violates Section 5-7-409 or 5-7-410 shall be guilty of a misdemeanor and shall be subject to a fine of not less than the assessed tree value lost as determined by the City Arborist using the method established by the International Society of Arboriculture for tree appraisal.

(Code 1976, § V.G-900; Ord. No. 94-8, § 2, 6-14-94)

Sec. 5-7-412. - Reserved. Sec. 5-7-413. - Appeal.

Any decision made by the City Arborist may be appealed by the applicant or any affected resident or property owner in the City of Irvine. Such appeal shall be made in accordance with the Zoning Code of the City.

(Code 1976, § V.G-901; Ord. No. 94-8, § 2, 6-14-94)

ARTICLE g. - PERFORMANCE EVALUATION

Sec. 5-7-414. - Performance evaluation.

The City Arborist shall collect and maintain all records and data necessary to objectively evaluate whether this chapter is accomplishing its stated purpose and shall prepare an annual evaluation and report to the City Council if any modifications are recommended.

(Code 1976, § V.G-1000; Ord. No. 94-8, § 2, 6-14-94)

ARTICLE h. - LIABILITY, EXEMPTION AND SEVERABILITY

Sec. 5-7-415. - Liability.

The person with maintenance responsibility for any public property or the owner of private property shall have a duty to keep trees in a safe and healthy condition. Nothing in this chapter 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.

(Code 1976, § V.G-1100; Ord. No. 94-8, § 2, 6-14-94)

Sec. 5-7-416. - Exemption from Solar Shade Control Act.

The City is exempt from the provisions of California Public Resources Code § 25980 et seq., known as the Solar Shade Control Act.

(Code 1976, § V.G-1101; Ord. No. 94-8, § 2, 6-14-94)

Sec. 5-7-417. - Severability.

Should any part or provision of this chapter be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other that the part held to be invalid.

(Code 1976, § V.G-1102; Ord. No. 94-8, § 2, 6-14-94)