§ 36-28. Oak And Significant Tree Preservation.

Oakdale Municipal Code · 2026-07 edition · updated 2026-09-27 · Oakdale

§ 36-28.1. Purpose and Intent. [Ord. No. 1044, § 1.]

A. It is declared that the public interest and welfare require that the City establish a program for the preservation of oak trees and significant trees in order to maintain the heritage and character of the City of Oakdale as well as preserve the beauty and identity of the community. Toward this purpose, this section establishes regulations for the installation, preservation, protection and selected removal of trees within the City limits. In establishing these procedures it is the City's intent to preserve and encourage the regeneration of a healthy urban forest that contributes to clean air, soil conservation, aesthetics, enhanced property values and a quality of life that will ensure that Oakdale will continue to be a desirable place to live.
B. This Section provides policies, regulations and specifications necessary to govern the preservation of oak trees and significant sized trees within the City and to control their removal. These provisions apply to new development, redevelopment and zoning changes that could result in development of land use intensities and development patterns that could impact existing oak trees and existing significant sized trees.
C. The policies and procedures contained in this section apply equally to private property and to projects being pursued by public agencies, including but not limited to the City of Oakdale. It shall be the City's policy to encourage other agencies to comply with these provisions even when the City does not have legal jurisdiction over the actions of that agency. In particular the City encourages Stanislaus County to adopt regulations to protect oak and significant trees within the City of Oakdale's Sphere of Influence. The County and landowners in the City's sphere are requested to consult with the City prior to proposed removal of these trees within the City Sphere of Influence.

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City of Oakdale, CA § 36-28.2

ZONING

§ 36-28.4

§ 36-28.2. Definitions. [Ord. No. 1044, § 1.]

As used in this section:

A. BOND — Means a type of financial security; equivalent forms of financial security shall be subject to approval by the Director.
B. DIRECTOR — Means the Director of the Community Development Department or his/her designated representative.
C. DRIPLINE — Means an imaginary line extending downward from the ends of the outermost branches of the tree to the ground.
D. MATURE TREE — Means any oak tree with a trunk of six (6) inches or greater diameter as measured three (3) feet from the lowest adjacent natural ground level.
E. OAK TREE — Means any species of the genus "Quercus" having a trunk or trunks of three (3) inches diameter as measured at a point three (3) feet above the ground.
F. SIGNIFICANT TREE — Is a designation for any species of tree having a trunk or trunks of twentyfour (24) inches diameter as measured at a point three (3) feet above the ground.
G. PERMIT — Means a written authorization by the Director of the City Council that specifically designates the location, number, type and size of oak trees that a person has permission to impact in a potentially adverse manner, or remove.
H. PERSON — Means individuals, associations, corporations, public agencies and their agents and employees.
I. HEALTHY TREE — Means a tree exhibiting good structural integrity, free of serious diseases, and maintaining normal appearance appropriate to the species including size of tree and leaves, normal coloration, and displaying normal vigor and growth characteristics of the species. Health and condition shall be determined consistent with the "Guide for Plant Appraisal", an International Society of Arboriculture publication (1992 or subsequent editions).

§ 36-28.3. Permit Required. [Ord. No. 1044, § 1.]

No person shall destroy or remove any oak tree or significant tree growing on private or public property within the City limits of the City without a permit. A permit to destroy or remove an oak tree or significant tree shall not be granted except as provided in this Code.

§ 36-28.4. Removal of Oak Tree Application Process. [Ord. No. 1044, § 1; Ord. No. 1227-14 Exh. A.]

A. Any persons or agents of any such persons wishing to remove one (1) or more oak or significant trees from any parcel in the City shall complete the City's Tree Removal Permit Application and submit it to the Public Services Department for a determination/permit.
B. A permit application shall contain a plot plan showing the location, type and size of tree(s) proposed to be removed, a brief statement of the reason for removal, and other pertinent information that the City Manager or his or her authorized designee may require. If the tree or trees are proposed for removal because of their condition, a certified arborist's determination of the state of health of the oak or significant tree(s) may be required.

A tree removal permit fee will be collected for projects involving new development or entitlements

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City of Oakdale, CA § 36-28.4

OAKDALE CITY CODE

§ 36-28.4

within the City. Projects that will be assessed a permit fee include, but are not limited to commercial, industrial, institutional, and residential projects. The permit fee will not apply to existing residential dwellings or existing development not proposing new construction.

A base fee of seventy-five ($75.00) dollars will cover the cost of permit administration. An additional deposit may be required by the City Manager or his or her authorized designee to retain a licensed arborist or other qualified professional consultant to assist the City in assessing the condition of trees.

C. Except as specifically provided in § 36-28.6 of this section, the City Manager or his or her authorized designee shall not be authorized to approve removal of a healthy, mature oak tree as defined by this section. The only oak trees whose removal the City Manager or his or her authorized designee is authorized to permit, are trees that are of less than mature size or which are, in the City Manager's or his or her authorized designee's findings, clearly dead or diseased beyond correction.
D. If a request is being made to remove one (1) or more healthy, mature oak trees, the City Manager or his or her authorized designee shall prepare a report to the City Council, outlining the proposal and his/her recommendation. These same factors shall be used by the City Manager or his or her authorized designee to consider requests for removal of trees that are significant trees, diseased or of less than mature size.
1. The condition of the oak or significant tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as host for a plant, pest or disease endangering other species of trees or plants with infection or infestation.
2. The necessity of the requested action to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned. In this context, it shall be the burden of the person seeking the permit to demonstrate to the satisfaction of the City Manager or his or her authorized designee that there are no reasonable alternatives to the proposed design and use of the property. Every reasonable effort shall be made to avoid impacting oak trees and significant trees, including but not limited to: flexible application of City standards, utilizing custom building design alternatives, and the applicant incurring additional costs to save oak and significant trees.
3. The topography of land, and the potential effect of the requested tree removal on soil retention, water retention, and diversion or increased flow of surface waters. The City Manager or his or her authorized designee shall consider how either the preservation or removal of the oak or significant tree(s) would relate to grading and drainage. Except as specifically authorized by the Planning Commission and City Council, ravines, stream beds and other watercourses that provide a habitat for oak and significant sized trees shall not be disturbed;
4. The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the City as a whole;
5. Good forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
E. For applications to remove oak trees the City Manager or his or her authorized designee shall post for fifteen (15) days a "Notice of Tree Removal Request" in the front yard of the property, stating the date(s) of the tentative public meeting consideration. The City Manager or his or her authorized designee shall agendize the tree removal request as a staff report item.

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City of Oakdale, CA § 36-28.4

ZONING

§ 36-28.5

F. In conjunction with the intended decision made on an application for a permit, the City Manager or his or her authorized designee shall attach or recommended for City Council consideration reasonable conditions to ensure compliance with the stated purposes of this section, and a condition requiring tree replacement provisions that generally include one to two (1-2) twenty-four (24) inch box trees (providing one-and-one-half (1-1/2) inch minimum trunk caliper measurement) or three to five (3-5) fifteen (15) gallon plantings of an appropriate species to be planted in a suitable location as substitutes for removed trees, at the sole expense of the applicant; the applicant shall be required to post a tree planting performance bond or security to ensure that replacement trees are properly established and maintained for two (2) growing seasons.
G. In conjunction with the development or use of any property where there is a question in the mind of the City Manager or his or her authorized designee as to possible impacts on an existing oak or significant tree(s), the City Manager or his or her authorized designee shall require that a tree preservation security be posted in an amount based on the valuation of the trees according to the guidelines set forth within the International Society of Arboriculturists publication "Guide for Establishing Value of Trees and Other Plants." The purpose of the security is to ensure the intention to preserve trees not approved for removal.
H. This security shall be held for a reasonable period of time following grading or other development activity on the parcel, not to exceed three (3) years; the security is to be released upon the satisfaction of the City Manager or his or her authorized designee that the trees to be preserved have not been endangered. In instances where trees not approved for removal have been destroyed, the security shall be applied, for the value of the destroyed tree(s), and be used for the replacement and preservation of City oak or significant trees, as required by the City Manager or his or her authorized designee.

§ 36-28.5. Appeals of Permit Decisions. [Ord. No. 1044, § 1.]

A. Notice of the Director's decisions regarding oak trees that are within his/her jurisdiction to approve removal shall be given by personal delivery or first class mail to the applicant and to any person filing a written request. Any such decision shall include a statement of the reason for the decision and the conditions which were attached.
B. The Director shall post either (1) a "Notice of Intent" of the tree removal permit issuance on the property for the duration of the fifteen (15) day appeal period, stating the tree removal proposal, the Director's intended decision, and the proper procedure for formal appeal, or (2) a "Notice of Tree Removal Request" on the property, stating the date(s) of tentative public meeting consideration.
C. Any person aggrieved or affected by the Director's decision may appeal the decision to the City Council by filing a written appeal with the City Clerk within fifteen (15) days of the date of the Director's notice. Any such appeal shall be accompanied by an appeal fee in the amount established by resolution of the City Council. Property owners within three hundred (300) feet of the subject site shall receive notice of the appeal no later than ten (10) days prior to the scheduled public hearing to consider the appeal.
D. If no appeal is filed within such time, the Director shall promptly implement his/her intended decision by denying or issuing the permit, with or without conditions. An appeal shall automatically stay execution of the implementation of the intended decision until the appeal has been considered and decided by the City Council.
E. The City Clerk shall place all such appeals on the agenda of the next regular Council meeting and shall give notice to the applicant and/or appellant. The City Council shall consider and decide all

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City of Oakdale, CA § 36-28.5

OAKDALE CITY CODE

§ 36-28.9

issues raised in the appeal and may call for expert witness from a consulting tree specialist, for which the City may require reimbursement from the applicant. The decision of the Council shall be final.

F. The Planning Commission shall not have the authority to approve removal of mature oak or significant trees. The Commission may, however, as part of a development review process, recommend to the City Council that the Council permit selected oak or significant sized trees to be removed. The criteria to be used by the Planning Commission in making such recommendation shall be as specified in § 36-28.4(D) of this chapter.

§ 36-28.6. Emergencies. [Ord. No. 1044, § 1.]

A. In the case of emergency caused by dangerous condition of an oak tree or significant tree requiring immediate action for the protection of life or property, a tree may be cut down in whole or in part on the order of the Director, or any on-duty member of the Police and Fire Departments. A report recording the reasons for such action may be required by the Director.
B. Public utilities subject to the jurisdiction of the Public Utilities Commission of the State of California may also take such action as may be necessary to maintain a safe operation for their facilities.

§ 36-28.7. Preservation of Existing Oak and Significant Sized Trees. [Ord. No. 1044, § 1.]

A. When proposed developments encroach into the dripline area of oak or significant sized trees, special construction techniques to allow the roots to breathe and obtain water may be required by the Director with respect to any application for a building, grading or development permit. During construction, such protection measures shall include, but not be limited to, installing a high visibility tree protection fence (minimum three (3) foot high fence with metal stakes/posts at eight (8) to ten (10) foot intervals) around the dripline(s) of a tree or trees to be preserved. All development applications, where oak or significant sized trees may be affected by development, shall include a certification by a registered civil engineer, land surveyor or licensed tree specialist attesting to the accuracy of the tree trunk and dripline locations.
B. As a general rule, the existing ground surface within the dripline of any oak or significant tree shall not be cut, filled, compacted or pared. Excavation adjacent to any oak or significant tree shall not be permitted where, in the judgment of the Director, material damage to the root system will result. Exceptions may be approved by the Director based on qualified consultation, at the cost of the developer, resulting in reasonable assurance that the tree will not be damaged.

§ 36-28.8. Building Permits. [Ord. No. 1044, § 1.]

A. When any building permit is applied for pursuant to this Code and the proposed structure would require the destruction or removal of an oak or significant tree, the official responsible for issuing the permit shall take into consideration the provisions of this section in the granting or denying of such permit, and the applicant shall be required to obtain a permit in accordance with the provisions of this section.
B. In the event a permit to destroy or remove an oak or significant tree is issued in order to enable the applicant to carry out a development or improvement of this property, such permit shall be valid and effective only in connection with the actual accomplishment of such project for which a permit has been issued.

§ 36-28.9. Safeguarding Trees During Construction. [Ord. No. 1044, § 1.]

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City of Oakdale, CA § 36-28.9

ZONING

§ 36-28.10

A. For the purposes of safeguarding oak or significant trees during construction, the following conditions shall apply.
1. Prior to issuance of a grading or building permit, all oak or significant trees on a building site shall be inventoried by the owner of such site or by the contractor as to size and location on the site. Such inventory shall be submitted to the Director, and field checked by City staff to verify the number, size and location.
2. Damage to any tree during construction shall be immediately reported to the Director by any person causing such damage, the responsible contractor, or the owner of the site, and such persons shall be required to treat the tree for such damage as specified by the Director.

Oil, gasoline, chemicals and other construction materials or equipment which might be harmful to oak and significant sized trees shall not be stored under the dripline or upslope of the tree(s).
1. Drains shall be installed according to City specifications so as to avoid harm to the oak or significant trees due to excess watering.
2. Wires, signs and other similar items shall not be attached to oak or significant trees.
3. Cutting and filling around the base of oak or significant trees shall be done only after consultation with the Director, and then only to the extent authorized. The Director may require professional consultation, at the applicant's cost, to make appropriate determinations.
4. No paint thinner, paint, plaster or other liquid or solid excess or waste construction materials or waste water shall be dumped on the ground or into any grate between the dripline and the base of oak or significant trees, or uphill from any oak or significant tree where such substance might reach the roots through a leaching process.
5. Tree protection fences (minimum three (3) foot high visibility fence with metal posts at minimum every ten (10) feet) shall be installed at the dripline to prevent compaction and injury to a tree's surface roots, to prevent injury to oak or significant trees exposing them to disease causing organisms.
6. Wherever cuts are made in the ground near the roots of oak or significant trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage thereto. All cuts within the dripline of a tree are to be made by hand (no backhoes or graders.)
7. Trimming cuts one (1) inch in diameter and over must be covered at the time the cuts are made with a tree seal pruning compound approved by the Director. All root pruning is to be done by hand.

B. If the Director has reason to believe that construction or development activities may endanger an oak tree or significant tree, he/she may seek professional consultation, at the expense of the person seeking to undertake construction or development of the property, to recommend measures necessary to safeguard the tree(s).

§ 36-28.10. Safeguarding Trees After Construction. [Ord. No. 1044, § 1.]

Oak and significant trees required to be kept on a building site and oak trees or other trees required to be planted as a condition of construction shall be maintained after completion of construction according to accepted arboricultural practices for the purpose of maintaining or furthering the health of such trees. The Director may require that drought-resistant landscaping be installed as an alternative to irrigated

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City of Oakdale, CA § 36-28.10

OAKDALE CITY CODE

§ 36-29.2

landscaping where appropriate.

§ 36-28.11. Willful Destruction or Endangerment of Oak Trees. [Ord. No. 1044, § 1.]

It is unlawful for any person to willfully destroy, significantly disfigure, poison or attempt to kill an oak or significant tree in the City. Any action that would endanger an oak or significant tree and that results in its destruction shall be subject to the same penalties as removal without authorization. The person or party responsible for willfully causing the destruction or removal of an oak tree or significant tree shall be held responsible for the payment of any penalties in conjunction with its removal.

§ 36-28.12. Enforcement. [Ord. No. 1044, § 1.]

A. The Director shall be responsible for the enforcement of this section. The Community Development Department may accept and process applications for tree removal in conjunction with building permit or land use applications, and City or other agency initiated projects.
B. If a request for a tree removal is received as part of a new subdivision or property development proposal, within the range of his/her authority the Director may grant permission for tree removal. In those situations that are not within his/her authority, the Director shall prepare recommendations for City Council consideration and action.

§ 36-28.13. Violation - Penalty. [Ord. No. 1044, § 1.]

A. Any person violating any of the provisions of this chapter is subject to a financial penalty.
B. Any person violating any portion of this section is punishable by a fine or fines the amount of which would be determined based on the valuation of trees according to the guidelines set forth within the International Society of Arboriculturalists publication "Guide for Plant Appraisal" (1992, or subsequent edition) up to an amount not to exceed ten thousand ($10,000.00) dollars per tree. The fine(s) shall be based on an appraisal by a qualified arboriculturalist or similarly licensed professional, using the criteria consistent with the above publication. The fee for the appraisal shall be added to the penalty established by the appraisal.
C. Any person who violates any portion of this section that results in the loss of a protected tree, shall be required to replace said tree with a new twenty-four (24) inch box tree and/or additional plantings, of the same species. The location of replacement tree shall be in the exact location of the tree removed.
D. These fines may be levied in full or in part as deemed necessary by a court of law.
E. Fines collected shall be placed in an oak and significant tree preservation and replacement fund to be utilized for the preservation and replacement of oak and significant trees within the City. The Director shall coordinate use of this fund and undertake programs consistent with the purpose and intent of this section.