Malibu Municipal Code Ch. 5 Native Tree Protection Ordinance

Coastal development permit applications for development on sites containing oak, walnut, sycamore, alder, or toyon trees subject to this chapter shall include a tree protection plan, prepared by a qualified biologist or resource expert that provides:

A. An inventory and assessment of the health of native trees on the site by type, size (both trunk circumference and extent of canopy).

B. Photographs of the site showing location of all native trees.

C. A site map depicting the location of all such trees, including a scale drawing of trunk, canopy location and extent.

D. An analysis of all potential construction and post-construction impacts on the identified native trees.

E. Project alternatives designed to avoid removal of trees and to avoid and minimize impacts to protected trees.

F. Identification of trees proposed to be removed by the project.

G. Onsite mitigation measures necessary to minimize or mitigate residual impacts that cannot be avoided through project alternatives, including the provision of replacement trees.

H. A long-term maintenance and monitoring program designed to assure long-term protection and health for all native trees.

A. New development shall be sited and designed to preserve oak, walnut, sycamore, alder, and toyon, as identified by Section 5.2 of the Malibu LIP above, to the maximum extent feasible.

B. Removal of native trees subject to this chapter shall be prohibited except where no other feasible alternative exists. Mitigation shall be required for the removal of trees as described in section 5.5 of the Malibu LIP below.

C. Structures, including roads or driveways, shall be sited to prevent any encroachment into the protected zone and to provide an adequate buffer outside of the protected zone of individual native trees in order to allow for future growth, except where no other feasible alternative exists. Coastal development permits for development subject to this chapter shall include provisions or be conditioned to require that if approved encroachments result in the death or worsened health or vigor of the affected tree as a result of the proposed development, mitigation as described in Section 5.5 of the Malibu LIP below shall be required.

D. Drainage shall be directed away from all root zones of all native trees.

E. Project Construction Measures

1. Protective fencing shall be used around the outermost limits of the protected zones of the native trees within or adjacent to the construction area that may be disturbed during construction or grading activities. Before the commencement of any clearing, grading, or other construction activities, protective fencing shall be placed around each applicable tree. Fencing shall be maintained in place for the duration of all construction. No construction, grading, staging, or materials storage shall be allowed within the fenced exclusion areas, or within the protected zones of any on site native trees.

2. Any approved development, including grading or excavation, that encroaches into the protected zone of a native tree shall be constructed using only hand-held tools.

3. The applicants shall retain the services of a qualified independent biological consultant or arborist, approved by the Planning Manager to monitor native trees that are within or adjacent to the construction area. Public agencies may utilize their own staff who have the appropriate classification. If any breach in the protective fencing occurs, all work shall be suspended until the fence is repaired or replaced.

4. The permit shall include these requirements as conditions of approval.

The permit shall include the monitoring requirements set forth below as conditions of approval. The permit conditions shall specify the performance standards for on-site tree replacement.

5.6.1 Trees with Encroachments. Where approved development encroaches into the root zone of native trees, each affected tree shall be monitored annually for a period of not less than ten years. An annual monitoring report shall be submitted for review by the City for each of the ten years. Should any of these trees be lost or suffer worsened health or vigor as a result of the proposed development, the applicant shall mitigate the impacts as required in section 5.5 of the Malibu LIP. If replacement plantings are required as mitigation, monitoring of the replacement trees shall be provided as required by Section 5.6.2 of the Malibu LIP.

5.6.2 Replacement Trees. Where the planting of replacement trees is required as mitigation, as required by Section 5.5 of the Malibu LIP above, each replacement tree shall be monitored annually for a period of not less than ten years. An annual monitoring report shall be submitted for the review and approval of the City for each of the ten years. The monitoring report shall identify the size and health of each replacement tree, comparing this information with the criteria provided in the native tree replacement planting program required in Section 5.5.1 (A) of the Malibu LIP for determining that replacement trees are healthy and growing normally. Mid-course corrections shall be implemented if necessary. Monitoring reports shall be provided to the City annually and at the conclusion of the ten-year monitoring period that document the success or failure of the mitigation. If performance standards are not met by the end of ten years, the monitoring period shall be extended until the standards are met.

A coastal development permit that includes the removal of one or more native tree(s) and/or the encroachment of development within the protected zone of one or more native tree(s) may be approved or conditionally approved only if the planning commission makes the following supplemental findings in addition to the findings required in Section 14.9 of the Malibu LIP:

A. The proposed project is sited and designed to minimize removal of or encroachment in the protected zone of native trees to the maximum extent feasible.

B. The adverse impact of tree removal and/or encroachment cannot be avoided because there is no other feasible alternative.

C. All feasible mitigation measures that would substantially lessen any significant impact on native trees have been incorporated into the approved project through design or conditions of approval.

A. Native trees destroyed or damaged by a natural disaster. A damaged tree shall be exempt only if the general health of the tree is so poor that efforts to ensure its long-term health and survival are unlikely to be successful as determined by an arborist report and confirmed by the city biologist after a site inspection of the tree.

B. Native trees that constitute an imminent public health and safety hazard due to the risk of falling where the structural instability cannot be remedied as determined by a licensed arborist's report and confirmed by the city biologist after a site inspection of the tree.

C. Native trees that were planted for ornamental purposes as part of an approved coastal development permit where their planting was not required by the LCP or Coastal Act for mitigation or restoration.

(Ord. 303 § 3, 2007; Ord. 445 §4, 2019)