§ 22.174

The Oak Tree Permit is established: (a) to recognize oak trees as significant historical, aesthetic, and ecological resources, and as one of the most picturesque trees in Los Angeles County, lending beauty and charm to the natural and manmade landscape, enhancing the value of property, and the character of the communities in which they exist; and (b) to create favorable conditions for the preservation and propagation of this unique, threatened plant heritage, particularly those trees which may be classified as heritage oak trees, for the benefit of current and future residents of the County.

It is the intent of the Oak Tree Permit to maintain and enhance the general health, safety and welfare by assisting in counteracting air pollution and in minimizing soil erosion and other related environmental damage. The Oak Tree Permit is also intended to preserve and enhance property values by conserving and adding to the distinctive and unique aesthetic character of many areas of the County in which oak trees are indigenous. The stated objective of the Oak Tree Permit is to preserve and maintain healthy oak trees in the development process.

(Ord. 2019-0004 § 1, 2019.)

Specific terms used in this Chapter are defined in Section 22.14.150 of Division 2 (Definitions), under "Oak Tree Permits."

(Ord. 2019-0004 § 1, 2019.)

22.174.030 - Applicability.

A.

Damaging or Removing Oak Trees Prohibited — Permit Requirements. Except as otherwise provided in Subsection B, below, a person shall not cut, destroy, remove, relocate, inflict damage, or encroach into a protected zone of any tree of the oak genus which is:

1.

25 inches or more in circumference (eight inches in diameter) as measured four and one-half feet above mean natural grade; in the case of an oak with more than one trunk, whose combined circumference of any two trunks is at least 38 inches (12 inches in diameter) as measured four and one-half feet above mean natural grade, on any lot within the unincorporated area of the County; or

2.

Any tree that has been provided as a replacement tree, pursuant to Section 22.174.070 (Conditions of Approval), on any lot within the unincorporated area of the County, unless an Oak Tree Permit is first obtained as provided by this Chapter.

B.

Exemptions. An Oak Tree Permit is not required for:

1.

Any oak tree related to any permit, variance, or tentative map for a subdivision, including a minor land division, approved by the Board, Commission, Hearing Officer, or the Director prior to August 20, 1982, the effective date of this Chapter.

2.

Cases of emergency caused by an oak tree being in a hazardous or dangerous condition through structural weakness, insect damage or decay, or being irretrievably damaged or destroyed through flood, fire, wind, or lightning, as determined after visual inspection by the County Forester. Following this determination, the County Forester shall issue an Oak Tree Permit Exemption that will be filed with Regional Planning and expire in 90 days. Upon expiration, the tree must be re-inspected by the County Forester for a new Oak Tree Permit Exemption to be issued.

3.

Emergency or routine maintenance by a public utility necessary to protect or maintain an electric power or communication line or other property of a public utility.

4.

Tree maintenance, limited to medium pruning of branches not to exceed two inches in diameter in accordance with guidelines published by the International Society of Arboriculture intended to ensure the continued health of a protected tree.

5.

Trees planted, grown, or held for sale by a licensed nursery.

6.

Trees within existing road rights-of-way where pruning is necessary to obtain adequate line-of-sight distances and/or to keep street and sidewalk easements clear of obstructions, or to remove or relocate trees causing damage to roadway improvements or other public facilities and infrastructure within existing road rights-of-way, as required by the Director of Public Works.

7.

Temporary housing, in accordance with Chapter 22.252 (Woolsey Fire Disaster Recovery), Chapter 22.254 (Lake and Bobcat Fires Disaster Recovery), Chapter 22.256 (Disaster Recovery), Chapter 22.258 (Temporary Housing After a Disaster), or Section 22.336.070.O (Rebuilding after Disaster).

(Ord. 2023-0038 § 14, 2023; Ord. 2023-0025 § 3, 2023; Ord. 2019-0004 § 1, 2019.)

22.174.040 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Oak Tree Permit Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the following application materials shall be required:

1.

Site Plan. The application shall require a site plan showing:

a.

Proposed construction, excavation, grading and/or landfill. Where a change in grade is proposed, the change in grade within the protected zone of each plotted tree shall be specified.

b.

The location of all oak trees subject to this Chapter proposed to be removed, damaged, encroached, or relocated, or within 200 feet of proposed construction, grading, landfill or other activity. Each tree shall be assigned an identification number on the plan, and a corresponding permanent identifying tag shall be affixed to the north side of each tree in the manner prescribed by Section 22.174.070 (Conditions of Approval). These identifications shall be utilized in the Oak Tree Report and for physical identification on the property where required. The protected zone shall be shown for each plotted tree.

c.

Location and size of all proposed replacement trees.

d.

Location of all surface drainage systems.

2.

Oak Tree Report.

a.

An Oak Tree Report certified to be true and correct shall be prepared by an individual with expertise acceptable to the Director and the Fire Department. The Oak Tree Report, as deemed acceptable by the Director and the Fire Department, shall identify each oak tree on the site plan as required by Subsection B.1, above, and shall contain the following information:

i.

The name, address, telephone number, and business hours of the preparer.

ii.

Evaluation of the physical structure of each tree as follows:

(1)

The circumference and diameter of the trunk, measured four and one-half feet above natural grade;

(2)

The diameter of the tree's canopy, plus five feet, establishing the protected zone;

(3)

Aesthetic assessment of the tree, considering factors such as but not limited to symmetry, broken branches, unbalanced crown, excessive horizontal branching; and

(4)

Recommendations to remedy structural problems where required.

iii.

Evaluation of the health of each tree as follows:

(1)

Evidence of disease, such as slime flux, heart rot, crown rot, armillaria root fungus, exfoliation, leaf scorch, and exudations;

(2)

Identification of insect pests, such as galls, twig girdler, borers, termites, pit scale, and plant parasites;

(3)

Evaluation of vigor, such as new tip growth, leaf color, abnormal bark, deadwood, and thinning of crown;

(4)

Health rating based on the archetype tree of the same species; and

(5)

Recommendations to improve tree health, such as insect or disease control, pruning, and fertilization.

iv.

Evaluation of the applicant's proposal as it impacts each tree shown on the site plan, including suggested mitigating and/or future maintenance measures where required and the anticipated effectiveness thereof.

v.

Identification of those trees shown on the site plan which may be classified as heritage oak trees.

vi.

Identification of any oak tree officially identified by a County resource conservation district.

vii.

Any other information required by the Director or the Fire Department.

b.

The requirement for an Oak Tree Report may be waived by the Director where a single tree is proposed for removal in conjunction with the use of a single-family residence listed as a permitted use in the zone, and/or such information is deemed unnecessary for processing the applications.

C.

Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

3.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

5.

Project evaluation and staff report shall be in compliance with Section 22.222.110 (Project Evaluation and Staff Report).

D.

Application Without a Public Hearing.

1.

An application to remove, encroach, or relocate not more than one oak tree in conjunction with a singlefamily residence permitted in the zone with a Ministerial Site Plan Review (Chapter 22.186), shall be filed and processed in compliance with this Subsection D and this Chapter. An oak tree defined as a Heritage Oak Tree in Chapter 22.14 (Definitions), shall not be eligible for review per this Subsection D, but shall be reviewed in accordance with Subsection E, below.

2.

When making a decision on the application in accordance with Section 22.226.040 (Decision), the Director may apply development standards to ensure compliance with this Chapter, including, but not limited to:

a.

The replacement of the oak tree proposed for removal or relocation in accordance with Section 22.174.070.A; and

b.

A plan for protecting oak trees on the subject property during and after development in accordance with Section 22.174.070.B.

3.

If the Director approves the application, and if the applicant is not the owner, the applicant shall provide an oak tree information manual prepared by and available from the Fire Department to the property owner, subsequent property owner, and any homeowners association.

E.

Application with a Public Hearing. Unless an application is filed pursuant to Subsection D, above, the public hearing shall be held pursuant to Section 22.222.120 (Public Hearing Procedure), provided:

1.

Notice Requirements. Notwithstanding Section 22.222.120.B.2 (Notice of Public Hearing), notification shall be provided as follows:

a.

Multiple Applications. Where an application for a permit or review that requires noticing is concurrently filed with an Oak Tree Permit application, notice of the Oak Tree Permit application shall be included in said notice.

b.

Single Applications. Where an Oak Tree Permit application is filed and Subsection D.1.a, above, does not apply, only the following notification shall be required:

i.

The Director not less than 30 days before the date of public hearing shall cause notice of such filing to be published once in a newspaper of general circulation in the County available in the community in which such application is proposed.

ii.

Such notice shall include the statement: "Notice of Oak Tree Permit Filing." Also included shall be information indicating the location of the subject property (address or vicinity), legal description of the property involved, the applicant's request, and the time and place of the proposed public hearing. The notice shall also provide the address and telephone number of the Department, and state that the Department may be contacted for further information.

2.

Findings and Decision. When making a decision on the application, the Commission or the Hearing Officer shall make findings in Section 22.174.060 (Findings). The decision of the Commission or Hearing Officer after the public hearing shall be made in compliance with Section 22.222.210 (Decision After Public Hearing).

F.

Agency Review. Upon receipt of an application, the Director shall refer a copy of the Oak Tree Report to the Fire Department. Review of the Oak Tree Report by the Fire Department shall comply with Section 22.174.050 (Review of Oak Tree Report by the Fire Department).

(Ord. 2023-0038 § 15, 2023; Ord. 2022-0008 § 107, 2022; Ord. 2019-0004 § 1, 2019.)

22.174.050 - Review of Oak Tree Report by the Fire Department.

A.

The Fire Department shall review the Oak Tree Report for accuracy of statements contained therein and shall make inspections on the project site. Such inspections shall determine the health of all oak trees on the project site and such other factors as may be necessary and proper to complete the review. A copy of the Fire Department's review shall be submitted in writing to the Director within 15 days after its completion. The review shall not be considered complete until the applicant pays to the Fire Department any fees and deposits for oak tree inspections and report reviews as required in Section 328 (Land Development and Environmental Review Fees) of Title 32 of the County Code.

B.

The Fire Department may suggest conditions for use by the Commission, Hearing Officer, or Director pursuant to Section 22.174.070 (Conditions of Approval).

C.

When the Fire Department determines that replacement or relocation on the project site of oak trees proposed for removal is inappropriate, the Fire Department may recommend that the applicant pay into the Oak Forests Special Fund the amount equivalent to the oak resource value of the trees described in the Oak Tree Report. The oak resource value shall be calculated by the applicant and approved by the Fire Department according to the most current edition of the International Society of Arboriculture's "Guide to Establishing Values for Trees and Shrubs."

D.

Funds collected for the Oak Forests Special Fund shall be used for the following purposes only:

1.

Establishing and planting new trees on public lands.

2.

Maintaining existing oak trees on public lands.

3.

Purchasing prime oak woodlands.

4.

Purchasing sensitive oak trees of cultural or historic significance.

E.

Not more than seven percent of the funds collected may be used to study and identify appropriate programs for accomplishing the purposes set forth in Subsection D, above.

(Ord. 2019-0004 § 1, 2019.)

22.174.060 - Findings.

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The proposed construction or proposed use will be accomplished without endangering the health of the remaining oak trees subject to Title 22 regulations, if any, on the subject property.

2.

The removal or relocation of the oak trees proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated.

3.

In addition to the above facts, at least one of the following findings apply:

a.

That the removal or relocation of the oak trees proposed is necessary as continued existence at present locations frustrates the planned improvement or proposed use of the subject property to such an extent that:

i.

Alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or

ii.

Placement of such oak trees precludes the reasonable and efficient use of such property for a use otherwise authorized;

b.

That the oak trees proposed for removal or relocation interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than removal of the trees; or

c.

That the condition of the oak trees proposed for removal with reference to seriously debilitating disease or danger of falling is such that it cannot be remedied through reasonable preservation procedures and practices.

4.

The removal of the oak trees proposed will not be contrary to or be in substantial conflict with the intent and purpose of the Oak Tree Permit procedure.

C.

Relocation of Trees. For purposes of interpreting this Section, it shall be specified that while relocation is not prohibited by this Chapter, it is a voluntary alternative offering sufficient potential danger to the health of an oak tree as to require the same findings as removal.

(Ord. 2022-0008 § 108, 2022; Ord. 2019-0004 § 1, 2019.)

Conditions may be imposed to ensure that the approval will be in accordance with the findings required by Section 22.174.060 (Findings and Decision). Such conditions may involve, but are not limited to, the following:

A.

The replacement of oak trees proposed for removal or relocation with oak trees of a suitable type, size, number, location, and date of planting. In determining whether replacement should be required, the Commission, Hearing Officer, or Director shall consider but is not limited to the following factors:

The vegetative character of the surrounding area.

2.

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

3.

The anticipated effectiveness of the replacement of oak trees, as determined by the Oak Tree Report submitted by the applicant and evaluated by the Fire Department.

4.

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

5.

The relocation of oak trees approved for removal shall not be deemed a mitigating factor in determining the need for replacement oak trees.

6.

Replacement oak trees:

a.

Required replacement oak trees shall consist exclusively of indigenous oak trees and shall be in the ratio of at least two to one. Each replacement oak tree shall be at least a 15-gallon size specimen and measure at least one inch in diameter one foot above the base. The Commission, Hearing Officer, or Director, in lieu of this requirement, may require the substitution of one larger container specimen for each oak tree to be replaced, where, in their opinion, the substitution is feasible and conditions warrant such greater substitution;

b.

Replacement oak trees shall be properly cared for and maintained for a period of two years and replaced by the permittee if mortality occurs within that period;

c.

Where feasible replacement oak trees should consist exclusively of indigenous oak trees and certified as being grown from a seed source collected in Los Angeles or Ventura Counties; and

d.

Replacement oak trees shall be planted and maintained on the subject property and, if feasible, in the same general area where the oak trees were removed. The process of replacement of oak trees shall be

supervised in the field by a person who, in the opinion of the Fire Department, has expertise in the planting, care, and maintenance of oak trees.

B.

A plan for protecting oak trees on the subject property during and after development, such as, but not limited to, the following requirements:

1.

The installation of chain link fencing not less than four feet in height around the protected zone of oak trees shown on the site plan. Said fencing shall be in place and inspected by the Fire Department prior to commencement of any activity on the subject property. Said fencing shall remain in place throughout the entire period of development and shall not be removed without written authorization from the Fire Department.

2.

Where grading or any other similar activity is specifically approved within the protected zone, the applicant shall provide an individual with special expertise acceptable to the Director to supervise all excavation or grading proposed within the protected zones and to further supervise, monitor and certify to the Fire Department the implementation of all conditions imposed in connection with the applicant's Oak Tree Permit.

3.

Any excavation or grading allowed within the protected zone or within 15 feet of the trunk of an oak tree, whichever distance is greater, be limited to hand tools or small hand-power equipment.

4.

Oak trees on other portions of the subject property not included within the site plan also be protected with chain link fencing thus restricting storage, machinery storage, or access during construction.

5.

The oak trees on the site plan be physically identified by number on a tag affixed to the north side of the tree in a manner preserving the health and viability of the tree. The tag shall be composed of a noncorrosive all-weather material and shall be permanently affixed to the tree. The oak tree shall be similarly designated on the site plan in a manner acceptable to the Director.

6.

Corrective measures for oak trees noted on the Oak Tree Report as requiring remedial action be taken, including pest control, pruning, fertilizing, and similar actions.

7.

To the extent feasible as determined by the Director, utility trenching shall avoid encroaching into the protected zone on its path to and from any structure.

8.

At the start of grading operations and throughout the entire period of development, no person shall perform any work for which an Oak Tree Permit is required unless a copy of the Oak Tree Report, location map, fencing plans, and approved Oak Tree Permit and conditions are in the possession of a responsible person and also available at the site.

C.

The applicant shall provide an oak tree information manual prepared by and available from the Fire Department to the property owner, subsequent property owner, and any homeowners association.

(Ord. 2019-0004 § 1, 2019.)

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

22.174.090 - Effective Date of Decision and Appeals.

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Section 22.222.230 (Effective Date of Decisions and Appeals), the decision of the Hearing Officer or Director shall become final and effective unless an appeal is timely filed pursuant to Chapter 22.240 (Appeals).

C.

The decision of the Commission on an application or on an appeal shall be final and effective on the date of decision. Appeal of an Oak Tree Permit application to the Board is only allowed where an Oak Tree Permit is concurrently considered with a permit, variance, zone change, or tentative map for a subdivision, including a minor land division, and such Oak Tree Permit shall be appealable only as a part of an appeal on the concurrent entitlement. Said appeal must be made within the applicable time period and shall be subject to the applicable procedures established for appealing the concurrent entitlement.

(Ord. 2019-0004 § 1, 2019.)

22.174.100 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A).

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

22.174.110 - Enforcement.

In interpreting Chapter 22.242 (Enforcement Provisions) as they apply to this Chapter, each individual tree cut, destroyed, removed, relocated, or damaged in violation of these provisions shall be deemed a separate offense.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.176 - PARKING DEVIATIONS, MINOR

22.176.010 - Applicability.

A.

A Minor Parking Deviation application may be filed for a reduction of less than 30 percent in the number of parking spaces required by this Title 22 or, in the case of an eating establishment selling food for off-site consumption, not less than one parking space for each 250 square feet is proposed in accordance with "Entertainment, assembly, and dining" uses pursuant to Chapter 22.112 (Parking).

B.

When applicable, the review of this application shall take into consideration that a project will provide welldesigned bicycle parking spaces in excess of the bicycle parking spaces otherwise required under Section 22.112.100 (Bicycle Parking Spaces and Related Facilities), or in excess of the total number of bicycle parking spaces provided by a qualifying project under Section 22.112.110 (Reduction in Required Parking Spaces when Bicycle Parking Provided).

(Ord. 2019-0004 § 1, 2019.)