§ 4-11

This chapter is established to recognize oak, sycamore, heritage and other mature trees as significant historical, aesthetic and ecological resources and to create favorable conditions for the preservation and propagation of this unique irreplaceable plant heritage for the benefit of current and future residents of the City. It is the intent of this chapter to recognize the special value of tree species that are native to the City because they are especially adapted to the local environment, provide important wildlife habitat and contribute to the goals of a sustainable community. An equally important goal of this chapter is to maintain and enhance the public health, safety and welfare through the mitigation of soil erosion and air pollution. In addition, this chapter is designed to preserve and enhance property values by enhancing the distinctive and unique aesthetic character of many areas of the City in which oak, sycamore, heritage and other mature trees live.

(§ 1, Ord. 592, eff. August 27, 1981, as amended by § 1, Ord. 689, eff. November 29, 1991 and § 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

The provisions of this chapter shall apply to all oak, sycamore, heritage and designated mature trees, as those terms are defined in Section 4-11.03, on all public and private property. (§ 1, Ord. 592, eff. August 27, 1981, as amended by § 3, Ord. 661, eff. March 14, 1989, § 2, Ord. 689, eff. November 29, 1991, and § 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Diameter" shall mean that area equal to the full breadth of the tree measured on the tree's trunk at four and one-half feet from its basal root crown. Limb diameter is measured at the limb or trunk from which it originates.

"Director" shall mean the Community Development Director in a matter involving private property and the Public Works Director in a matter involving public property or property to be dedicated for public use.

"Drip line" shall mean the area around a tree that encompasses a series of points formed by the vertical dripping of water from the outward branches and leaves of a tree, plus five feet beyond those points.

"Emergency" shall mean a situation in which a tree and/or its limbs are determined by the

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-11.03

§ 4-11.04

Director or public safety officers to pose an imminent threat to public safety, property or to the health of a protected tree.

"Heritage tree" shall mean any tree of any genus, whether a species or hybrid of any size, which is designated as such by a resolution of the City Council based on its historical, cultural or other value as determined by the City Council.

"Mature tree" shall mean shall mean any tree species designated as such by a resolution of the City Council based on its historical, cultural or other value as determined by the City Council, and which is equal to or greater than 12 inches in diameter as measured four and one-half feet above the root crown or, in the case of a tree with more than one trunk, any such tree for which the sum of its two largest trunks equals or is greater than 14-½ inches as measured four and onehalf feet above the root crown. "Mature tree" shall not apply to any tree grown or held for sale in a licensed nursery nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.

"Oak tree" shall mean any single trunked tree of the Quercus genus equal to or greater than eight inches in diameter as measured four and one-half feet above the root crown or, in the case of an oak with more than one trunk, any such tree for which the sum of its two largest trunks equals or is greater than 11 inches as measured four and one-half feet above the root crown. "Oak tree" shall not apply to any tree grown or held for sale in a licensed nursery nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.

"Preservation" shall mean the acts of keeping or saving a tree from harm or destruction by proper maintenance, pruning and treatment and other means of safeguarding trees.

"Private property" shall mean land owned by individuals, partnerships, corporations, firms, churches, fraternities and the like to which land access by the public is generally restricted.

"Pruning" and "trimming" shall mean the cutting of any limb, branch, twig or other stem.

"Public property" shall mean land owned by a public or governmental entity and generally accessible to the public.

"Replacement trees" shall mean a list of trees adopted by the City Council that are native and/or wellsuited to the local environment that have been approved as replacement plantings to mitigate the impacts caused by the removal, relocation or destruction of trees protected by this chapter.

"Root crown" shall mean that portion of a tree trunk from which roots extend laterally into the ground.

"Sycamore tree" shall mean any tree of the Platanus genus equal to or greater than eight inches in diameter as measured four and one-half feet above the root crown or, in the case of a sycamore with more than one trunk, any such tree for which the sum of its two largest trunks equals or is greater than 10 inches as measured four and one-half feet above the root crown. "Sycamore tree" shall not apply to any tree grown or held for sale in a licensed nursery nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.

(§ 1, Ord. 592, eff. August 27, 1981, as amended by §§ 4, 5, Ord. 661, eff. March 14, 1989, § 3, Ord. 689, eff. November 29, 1991, § 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008, and as amended by § 2, Ord. 870, eff. March 17, 2017)

• (a) Single-family zoned properties with an existing dwelling. A permit shall be required when any person wishes to perform the following acts on property which is zoned single-family

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City of Ojai, CA § 4-11.04

OJAI CODE

§ 4-11.06

residential:

• (1) Remove, cut down, destroy or relocate an oak or a sycamore or heritage tree;

• (2) Prune live limbs over four inches in diameter of an oak or a sycamore or heritage tree;

• (3) Trench, grade, fill, compact or place construction material of any type in the drip line of an oak or a sycamore or heritage tree.

• (4) Remove more than 25% of the canopy of an oak, sycamore, or heritage tree.

• (b) All other vacant and developed properties. Except as otherwise set forth herein, a permit shall be required when any person wishes to perform the following acts on all vacant and developed property other than property which is zoned single-family residential:

  • (1) Remove, cut down, destroy or relocate an oak or a sycamore, heritage or mature tree;

  • (2) Trench, grade, fill, compact or place construction material of any type in the drip line of an oak or a sycamore, mature or heritage tree;

  • (3) Prune live limbs over four inches in diameter of an oak or a sycamore or heritage tree;

(4) Remove more than 25% of the canopy of an oak, sycamore, heritage or mature tree. (§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008, and amended by § 2, Ord. 870, eff. March 17, 2017)

Prior to the granting of a permit, an application for a permit shall be submitted to the Director. The basic form, content, instructions, procedures and requirements of the application deemed necessary for the proper enforcement of this chapter shall be established by the Director. (§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

• (a) Applications for a permit for removal, destruction or relocation of a tree. Applications for a permit to remove, destroy or relocate an oak or a sycamore, mature or heritage tree shall be accompanied by a report to be prepared by an arborist certified by the International Society of Arboriculture ("ISA") at the applicant's expense. The applicant shall deposit funds with the City for this purpose.

  • (1) The arborist's report shall include an assessment of the health of the affected tree(s) and recommended mitigation measures and/or conditions of approval. The report should also note if there are active birds nests observed in the tree.

  • (2) The arborist's report shall include a monetary valuation of the tree using the ISA's method for appraising trees.

  • (3) The arborist who prepares the report shall not participate in or profit from the removal, destruction or relocation of the tree.

  • (4) If the report determines that the tree is hazardous or in a serious state of decline due to pest infestation or other cause by no fault of the owners, the permit fee shall be waived by the City. In addition, no replacement mitigation shall be required.

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-11.06

§ 4-11.07

• (b) Applications involving tree pruning or trimming (applies to oaks, sycamores and heritage trees).

  • (1) If the pruning work is going to be performed by an ISA-certified arborist or under the direct field supervision of an ISA-certified arborist, no arborist's report shall be necessary and permit fees shall be waived. However, the certified arborist shall be required to complete and submit a permit application with proof of current ISA certification. The certified arborist shall state on the application whether active birds nests are present.

  • (2) If the pruning work is to be performed by a certified tree worker or similar certification deemed acceptable to the Director, a report from a certified arborist shall be required. The applicant shall either submit the tree report with the application or deposit funds so that the City may arrange for the arborist's report at the applicant's expense. The arborist's report shall include the number and location of affected trees and the standards to which the pruning shall be conducted to promote the health of the tree. The standards may include, but are not limited to, the maximum size of the limb or branch which may be pruned and the percentage of the tree limbs and branches which may be removed. The report should note if active birds nests are present.

• (c) Applications involving grading, trenching, filling or placing construction materials in the drip line of a tree. Applications for a permit involving grading, trenching, filling or placing materials in the drip line of a tree shall be accompanied by a report prepared by an ISAcertified arborist pursuant to Section 4-11.04(a) or deposit funds so that the City can arrange for an arborist's report at the applicant's expense.

The report shall list each of the oak, sycamore, heritage and mature trees located on the site, show their location on a development plan and recommend a program for protecting the trees prior to, during and after construction. The tree protection plan may include such things as the installation of fencing around drip lines, the application of mulch or wood chips in sensitive areas, restrictions on construction, trenching and/or grading within the drip line area and other mitigations and conditions designed to protect the entire tree and its root system.

• (d) Applications involving routine maintenance work performed by public utilities. All public utilities whose retained maintenance includes the pruning or trimming of trees within the City shall, on June 30th of each year, submit to the Director an Annual Notification of Maintenance Activities. This notification shall include, but not be limited to, the following: (1) map of facilities to be maintained; (2) schedule of work to be performed; (3) site plan of protected trees that might be affected; (4) a report from a certified arborist describing tree trimming methods and standards to be used; and (5) certifications and qualifications of tree workers and supervisors. All such work shall require an annual permit and shall be governed by the performance standards and restrictions of this chapter. Applicants will be required to pay a fee for monitoring of routine maintenance by a City retained ISA-certified arborist, which shall be set by resolution, and shall not exceed $2,500 per year.

• (§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008, and as amended by § 2, Ord. 870, eff. March 17, 2017)

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City of Ojai, CA § 4-11.07

OJAI CODE

§ 4-11.07

• (a) Administrative review. Upon the review of an application for a permit required by this chapter duly filed in accordance with the approved procedures and requirements and after an on-site inspection by the Director or his or her designated representative if deemed necessary, the Director shall grant or deny such permit on the basis of the standards set forth in this chapter. The Director may deny, without further action, an application which does not contain the required information.

• (b) Review by Planning Commission. Where more than five oak, sycamore or heritage trees, or a combination thereof, are to be cut down, removed or relocated upon a single parcel of real property, the application shall be referred to the Planning Commission for recommendation to the Director. Unusual cases where less than five such trees are involved may be referred to the Planning Commission by the Director.

• (c) Application review criteria. The granting or denial of a permit shall be subject to the discretion of the Director and/or the Planning Commission, as the case may be, whose decision shall be based on criteria, including, but not limited to, the following:

  • (1) The condition of the tree with respect to disease, danger of falling and the proximity to existing or proposed structures.

  • (2) The necessity to remove the tree in order to construct proposed improvements to prevent economic hardship to the owner of the property. The applicant shall have the burden of proof to demonstrate the hardship as part of the application process.

  • (3) The topography of the land and the effect of the tree removal on erosion, soil retention and the diversion or increased flow of surface waters.

  • (4) The number of oak, sycamore, heritage and mature trees, or any one or combination thereof, existing in the neighborhood on improved property. Decisions shall be guided by the standards established in the neighborhood and the effect of the removal of such trees upon property values in the area.

  • (5) Good forestry practices, such as the number of healthy oak, sycamore, heritage or mature trees which a given parcel of land or area can support.

• (d) Performance conditions. The Director and/or the Commission, as the case may be, may grant a permit subject to such conditions as deemed necessary and appropriate to ensure the proper enforcement of this chapter which shall be made a part of the permit, including, but not limited to, the following:

  • (1) All pruning or trimming activities for which a permit is necessary shall be performed by either (i) a certified tree professional who has been certified as, at a minimum, a "tree worker" by the ISA or a similar certifying organization acceptable to the Community Development Director, or (ii) under the direct field supervision of a certified arborist.

• (2) All pruning and trimming activities shall be performed in a manner consistent with ISA guidelines and recommendations. Excessive pruning or topping of trees is prohibited and may result in the assessment of tree replacement costs.

  • (3) The name of the certified professional or supervising field arborist shall be provided to the City, along with proof of certification, prior to final authorization by the City and commencement of the tree work.

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-11.07

§ 4-11.07

• (4) Climbing spurs and spikes shall not be used during tree pruning and trimming activities, except in cases of emergency, such as emergency utility work covered under Section 4-11.10.

• (5) Anyone using explosives in connection with the destruction, removal or trimming of a tree protected by this chapter shall furnish such bond or insurance as the Director shall deem necessary for the protection of the public and the property owner from any possible damage as a result of such work.

• (6) Any permit which authorizes an encroachment on a street, highway or right-of-way shall require compliance with the permit and other requirements of Title 7, Chapter 1 of this Code.

• (e) Special mitigation measures. The Director and/or Planning Commission, as the case may be, may condition the grant of a permit issued in accordance with this chapter, subject to the compliance with, but not limited to, the following mitigation measures:

  • (1) If a protected tree is proposed for removal primarily for reasons of convenience, personal taste or to facilitate new construction where alternative site layouts are feasible that could avoid the tree impact, the following shall apply:

    • (i) The tree(s) to be removed shall be replaced with trees of suitable type, size and number. Oaks and sycamores shall generally be required to be replaced with like species; other mature trees shall be replaced with trees from the approved replacement tree list.

    • (ii) The number, type and size of the replacement tree(s) shall either be (A) equivalent to the appraised value of the tree based on ISA standards; or (B) the total sum of the diameters of all trunks of all replacement trees as measured four and one-half feet above the root crown shall be equal to or greater than the total sum of the diameters of the trunks of all removed trees as measured four and one-half feet above the root crown. No replacement tree, however, shall be less than two inches in diameter as measured four and one-half feet above the root crown.

    • (iii) If a site cannot accommodate the number of replacement trees required, the dollar value of those replacement trees may be paid as an in-lieu fee to the City's tree fund at the discretion of the Director or Planning Commission.

• (2) If a tree is proposed for removal for construction purposes, where no feasible alternatives exist, or for another purpose, where preserving the tree is not realistic or would not achieve the goals of this chapter, the Director may require one of the mitigation measures described above, or any other mitigation deemed appropriate given the unique circumstances of the permit request, the recommendations from the certified arborist, the purpose and goals of this chapter and the site's environmental setting.

  • (3) If the report from a certified arborist indicates a tree is hazardous or in a serious state of decline due to pest infestation or other cause, by no fault of the owner, no mitigation shall be required.

• (f) Appeal process. Any decision issued by the Director on a permit application, including

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City of Ojai, CA § 4-11.07

OJAI CODE

§ 4-11.12

required mitigations and conditions, may be appealed to the Planning Commission within 10 days after the decision has been rendered by submitting the appropriate administrative appeal fees and a written statement describing the reason for the appeal.

(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

When an application is filed for a conditional use permit, variance, zone change, tentative tract map, minor land division or any other discretionary permit concurrently with an application for a permit as provided by this chapter, the Planning Commission may consider and approve such application for a permit concurrently with such other approvals. The Planning Commission, in making its findings, shall consider each case individually as if separately filed.

(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

An approved permit which is not used within the time specified in the approval or, if no time is specified, within one year after the granting of such approval, shall become null and void and of no effect, except where an application requesting an extension is filed prior to such expiration date, the Director may extend such time for a period not to exceed one year. (§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

• (a) The provisions of this chapter shall not apply to cases of emergency caused by a tree protected by the provisions of this chapter being in a hazardous or dangerous condition as determined by the Director or any member of the Sheriff's Department, Fire Department or an affected utility company. Persons requesting a hazardous tree exemption shall pay a fee based on the amount of City staff time required to process and review the exemption request. If the tree is determined to be hazardous, no permit removal fee or mitigation will be required.

• (b) Utility companies may take emergency action with respect to protected trees without giving advanced notice to the City, when immediate action is required in order to protect the public or the utilities' employees, prevent damage or destruction of facilities and property or to effect expeditious reinstatement of service following an interruption. The utility shall notify the City of the emergency action taken at the first reasonable opportunity.

• (§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Applications for permits shall be accompanied by appropriate fees as established by resolution of the City Council.

(§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Any person leasing, transferring or selling any or all portions of an interest in real property in the City shall be required to disclose in writing the number and species of trees on the property protected and/or regulated by this chapter to the lessee, buyer or transferee as part of the real estate transaction. Providing a complete copy of this chapter, or, in the alternative, a public

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-11.12

§ 4-11.13

informational brochure describing the provisions of this chapter prepared by the City, to the lessee, buyer or transferee prior to the conclusion of the real estate transaction shall also be considered an acceptable form of disclosure.

(§ 1, Ord. 738, eff. July 22, 1999, as amended by § 1, Ord. 744, eff. March 24, 2000, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

• (a) Violation—Penalty. Any person who cuts, damages, moves or removes any oak, sycamore, heritage or other designated mature tree within the City or encroaches into the drip line of such tree in violation of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, may be punished as set forth in Title 1, Chapter 2, Section 1-2.03 of this Code.

• (b) Violation—Restitution. It has been determined that the oak, sycamore, heritage and other designated trees within the City are valuable assets to the citizens of the City and to the citizens of the Ojai Valley and, as a result, of the loss or damage to any of these trees, the public should be recompensed. In addition to any penalties provided by subsection (a) above, any person who cuts, damages or removes any tree in violation of the terms of this chapter is responsible for property restitution and may be required to do any or all of the following:

  • (1) Replace the oak, sycamore, heritage or other designated mature tree or trees so removed or damaged by the donation of or by replanting two or more of such trees of reasonably equivalent size and value to the tree damaged or removed. The number, size and location of said equivalent replacement tree shall be determined by the Director.

• (2) Pay double the customary tree permit application fee and provide for replacement of the damaged or removed trees in an amount that is double their value using the appraisal standards of the ISA or other method of valuation acceptable to the Director.

• (§ 1, Ord. 738, eff. July 22, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA § 4-12.01

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-12.05