Mountain House Municipal Code Ch. 2 Trees

The intent of this Chapter is to preserve the City's tree resources.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this chapter shall apply to all development projects requiring discretionary approval which have Native Oak Trees, Heritage Oak Trees, or Historical Trees on the property.

(Ord. 2024-18, § 1(Exh. A), 2024)

The removal of a Native Oak Tree, Heritage Oak Tree, or Historical Tree shall require an approved Improvement Plan application, as specified in Chapter 28 of Division 8 of this Title, and shall be subject to the provisions of this Chapter, unless exempted by Sections 9-1505.8 or 9-1505.9.

(a) Heritage Oak Tree, Historical Tree. The removal of a Heritage Oak or Historical Tree shall not be permitted unless the Review Authority finds that one or more of the following situations exists:

(1) That the removal is in the public interest;

(2) That the tree interferes with an existing structure, utility service, or road, and no reasonable alternative exists to correct the interference other than removal of the tree;

(3) That removal is necessitated because the tree is endangering another plant in the area with infection or infestation;

(4) The removal is necessitated because the tree interferes with the maintenance of flood control facilities.

Replacement of any tree removed under this subsection shall be as specified in Section 9-15-204.

(b) Native Oak Tree. Removal of a Native Oak Tree shall be permitted subject to an approved Improvement Plan application processed by Staff Review procedure. Replacement of any tree removed under this subsection shall be as specified in Section 9-15-204.

(Ord. 2024-18, § 1(Exh. A), 2024)

Trees removed under the provisions of this Chapter shall be replaced subject to the following requirements:

(a) Replacement Stock. Replacement stock shall be of healthy commercial nursery stock or acorns, of the species removed or other approved species, and shall be established and maintained for at least three (3) years.

(b) Location. Replacement trees shall be planted as near as possible to the location of the removed tree or in an alternative location acceptable to the Review Authority.

(c) Timing. Replacement stock shall be planted between October 1 and December 31, and no later than twelve (12) months after the date of tree removal.

(d) Number and Maintenance of Replacement Trees. The number and maintenance of replacement stock shall be as follows:

(1) Each Heritage Oak Tree or Historical Tree that has been removed under the provisions of Section 9-15-203(a) shall be replaced with five (5) trees or acorns, or combination thereof.

(2) Each Native Oak Tree that has been removed under the provisions of Section 9-15-203(b) shall be replaced with three (3) trees or acorns, or combination thereof.

(3) The applicant shall be required to demonstrate to the satisfaction of the Review Authority that replacement stock will be planted and maintained in such a manner as to ensure that the survival of said stock at the end of a three (3) year period commencing from the date of planting.

(e) Replanting Security. The Review Authority may require, as a Condition of Approval, the applicant to provide a performance bond or other financial security to replant any replacement tree found not to be alive at the end of the required three (3) year maintenance period. The form of the bond or other financial security shall be found acceptable by the City Attorney and the amount shall be sufficient to cover the City's cost to replant said trees. The Director shall, upon written request of the applicant at the end of the maintenance period, determine the health of the replacement trees and release the security, in the event that all replacement trees are alive. In the event that the replacement trees are not alive, the Director shall use all or part of the security to replant said trees. The applicant may be required to provide additional security to ensure maintenance of said trees for an ensuing three (3) year maintenance period.

(Ord. 2024-18, § 1(Exh. A), 2024)

To protect and preserve Heritage Oak Trees, Historical Trees, and Native Oak Trees from development and construction activity, the following standards shall be applicable unless otherwise specified:

(a) Grade Changes. Grade changes near or within the dripline of said trees shall comply with the following restrictions:

(1) No grade changes shall occur within six (6) feet of the trunk of the tree.

(2) No grade changes shall occur that entail removing or adding more than six (6) inches of soil in the protected zone of the tree.

(3) Extensive cuts or fills that are necessary beyond the protected zone shall have adequate drainage to mitigate adverse effects caused by changes in grade elevation.

(4) Any grade changes within the protected zone of the tree shall be accomplished so as to prevent soil compaction and injury to or removal of the tree's roots.

(b) Fencing. Before grading operations may commence, a minimum five (5) foot high chain link fence or other comparable protective fencing shall be installed at the outermost edge of the protected zone of each tree or group of trees. Fencing, however, to protect trees on slops that will not be graded is not required.

(1) Fences shall remain in place throughout the entire construction period.

(2) No material, machinery, or objects of any kind may be stored within the fenced area.

(c) Trenching. No trenching whatsoever shall be allowed within the protected zone of subject trees. If underground utility lines must be installed within the protected zone, the conduit shall be installed by boring or drilling through the soil.

(d) Retaining Walls. In cases where retaining walls are required within the protected zone of the tree, the property owner shall complete said improvement before the completion of grading operations and before commencement of any construction.

(e) Paving. Paving within the dripline of affected trees shall be stringently minimized. If paving is necessary, porous materials such as gravel, loose boulders, and cobbles, brick with sand joints, wood chips, or bark mulch shall be used.

(f) Exceptions. The Development Constraints in this section shall not apply to normal agricultural practices.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, landscaping beneath Heritage Oak Trees, Historical Trees, and Native Oak Trees shall be subject to the following requirements:

(a) Nonplant Materials. Nonplant materials such as loose boulders and cobbles, wood chips, or similar materials, may be used under trees.

(b) Permitted Plants. Only plant species that are tolerant of the natural semi-arid environment of said trees, or the natural environment of Historical Trees, whichever is applicable, shall be permitted under trees.

(c) Nonplanting Areas. No plants or lawn shall be planted within a ten (10) foot radius of the trunk of any subject tree. Only nonplant materials shall be used within said area.

(d) Irrigation Systems. Permanent irrigation systems within the protective zone of subject trees shall be limited to bubbler, drip, or subterranean systems only. No irrigation system shall be allowed within a ten (10) foot radius of the trunk of a subject tree.

(e) Exceptions. The Landscaping Requirements in this section shall not apply to normal agricultural practices.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Review Authority may require the opinion of an individual with special expertise in the care and maintenance of Native Oak Trees, Historical Trees, or Heritage Oak Trees in any of its deliberations concerning said trees. The Review Authority shall require the applicant to pay for the cost of obtaining the services of such an individual.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Chapter shall not apply to:

(a) Cases of emergency requiring the immediate removal of said trees for the safety of structures or human life, as determined by the Director of the Community Development Department, the Director of Public Works, the Director of Parks and Recreation, or the Chief of the applicable fire district.

(b) Removals by a public utility that are necessary to protect electric power or communication lines or other property owned by said public utility.

(c) Removals required for the repair and maintenance of existing roads, flood control facilities, and/or other public facilities. Where flood channels consist of all or portions of natural waterways, the portion to be exempted shall be limited to the watercourses and such portions of the adjacent land area between the levees required to discharge the 100-year flood.

(d) Removals required by other codes, ordinances, or laws of the City of Mountain House, the State of California, or the United States.

(e) Trees that are dead or diseased.

(Ord. 2024-18, § 1(Exh. A), 2024)

The prohibition against the removal of Native Oak Trees specified in Section 9-15-203(b) shall not apply to:

(a) Existing lots containing less than ten thousand (10,000) square feet and an existing residential use; and

(b) Existing lots containing less than one (1) acre and an existing commercial or industrial use.

(Ord. 2024-18, § 1(Exh. A), 2024)