Chapter 12.32

• A. The City of Orange, in order to prevent further destruction of its once vast number of majestic trees and orchards and other mature trees, finds it necessary to place reasonable restrictions on such acts of removal and destruction. The primary purpose of the subject provisions is to regulate the removal and destruction of trees from undeveloped and public interest property as those terms are defined in Sections 12.32.040 and 12.32.050.

• B. The primary concern of the City Council of the City is the regulation of large scale tree removal from undeveloped property in that large parcels of undeveloped acreage are more likely to have a vast number of trees, the removal of which is more likely to have an adverse effect upon the surrounding environment. Past destruction of trees on such property has not only interfered with the natural scenic beauty and tourism of the City, but also greatly diminished the ecological value of such natural vegetation. It is a further concern that the City may lose mature trees that have grown in stature and provide special interest in properties and contribute to the overall streetscape and historic character of the City.

• C. Therefore, the City Council finds and determines that the public health, safety, and welfare will be promoted by the preservation of trees for the following reasons:

  1. Trees are an important source of oxygen which serves to dilute polluted air;

  2. Trees collect dust and solids from the air which are washed to the ground by rainfall;

  3. Trees are effective in reducing noise pollution by breaking up sound waves and reducing their intensity;

  4. Trees provide a sense of privacy;

  5. Trees beautify the unsightly;

  6. Trees help temper the land in extremes of weather;

  7. Certain trees are of historical value as defined in Section 12.32.060;

  8. Certain trees add to the public interest of certain properties improving and enhancing property values, while adding a distinctive and unique character to the property;

  9. Trees contribute to the overall streetscape, significantly enhancing the visual and aesthetic character of the City.

• D. For the foregoing reasons and in accordance with the mandate of the State set forth in Section 65560 of the Government Code requiring open space planning and Section 65302 requiring a noise element to be included in the general plan, the City, in order to preserve and protect the best interest of its citizens, does enact the ordinance.

• (Ord. 35-73; Ord. 03-18, 2018; Ord. 04-18, 2018)

As used in this chapter, "tree" means any live plant which has a single trunk measuring 10.5 inches in circumference, measured at a point 24 inches above the ground level.

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.32.020

§ 12.32.070

(Prior code 7202.2; Ord. 35-73)

• A. It is unlawful for any person, firm, partnership, corporation or other legal entity whatever, to destroy or remove any tree as defined in Section 12.32.020 from undeveloped or public interest property as defined in Sections 12.32.040 and 12.32.050 without a permit as provided herein.

• B. To "destroy" a tree means to cut or mutilate a tree in such a manner as to destroy its character as live vegetation.

(Prior code 7202.3; Ord. 35-73)

As used in this chapter, an "undeveloped parcel of land" means any real property which has not been caused to progress to a more improved, advanced state of development. This category shall be deemed to be undeveloped when the following conditions exist:

• A. The particular parcel of real property either before or after any proposed real property division contains more than one-half acre after dedication of all public rights-of-way.

• B. More than six trees, as defined in Section 12.32.020, exist on the real property either before or after any proposed division of such real property.

• (Prior code 7202.4; Ord. 35-73)

"Public interest property," as referred to in this chapter, shall be any property, privately owned or otherwise, whether developed or undeveloped, which has, because of the presence of certain trees of historical value in such property, become property endowed with a public interest. Such classification of public interest property is based upon a variety of factors, which may include, but not be limited to, located in public view within a historic district, located on properties that are of historic interest, but not within a historic district, the public interest to the City in property containing trees of historical, unique, and aesthetic value, and historic trees as defined in Section 12.32.060 and those factors affecting the public interest more particularly set forth in Section 12.32.010.

(Prior code 7202.5; Ord. 35-73; Ord. 03-18, 2018; Ord. 04-18, 2018)

For the purposes of this chapter, "historical trees" are those which by virtue of their origin, size, uniqueness and/or national or regional rarity are now or are likely to be of historical value. Trees so classified may be, but are not limited to those on a master list compiled and maintained by the Community Services Department and approved by resolution of the City Council. This master list may be revised by resolution at the discretion of the City Council subject to the above standards for classification as historical.

(Prior code 7202.6; Ord. 35-73; Ord. 1-82; Ord. 03-18, 2018; Ord. 04-18, 2018)

The Director of Public Works, in determining whether or not to issue a permit, shall base their

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA § 12.32.070

ORANGE CODE

§ 12.32.120

decision upon the following:

• A. The condition of the tree with respect to disease, general health, danger of falling, proximity to existing or proposed structures, and interference with utility service;

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

• C. The number of trees existing in the neighborhood, the standards, if any, in the neighborhood relating to the existence and distribution of trees, and the effect of tree removal upon property values in the area, and upon the public health, safety, prosperity, beauty and general welfare of the area;

• D. The number of healthy trees that the parcel of land upon which such tree is growing will support and other good forestry practices.

(Prior code 7202.7; Ord. 35-73; Ord. 1-82; Ord. 04-24, 3/26/2024)

In granting a permit, the Director of Public Works may attach reasonable conditions to ensure compliance with the intent and purpose of this chapter, including conditions to ensure the planting of replacement trees. Standards for trees to replace those trees for which a removal permit has been issued in the course of residential development shall be established from time to time by resolution of the City Council. The granting of a permit to remove any tree or trees may be conditioned upon compliance with said resolution.

(Prior code 7202.8; Ord. 35-73; Ord. 1-82; Ord. 04-24, 3/26/2024)

The Director of Public Works may refer an application to any other department, or commission or committee for a report and recommendation.

(Prior code 7202.9; Ord. 35-73; Ord. 1-82; Ord. 04-24, 3/26/2024)

In case of emergency caused by a tree being in a hazardous or dangerous condition posing an immediate threat to person or property, any member of the Police Department or Fire Department may authorize removal of such tree.

(Prior code 7202.10; Ord. 35-73)

• A. In the case of a subdivision, or grading plan, the grading plan shall show the location of each tree proposed to be removed. If the City approves the subdivision map, or grading permit, the Director of Public Works may, in their discretion, relieve the applicant of the necessity to apply for a separate permit for tree removal.

• B. No permit shall be granted to remove healthy non-hazardous trees from any real property unless another use is to be commenced on the real property within 90 days after removal of such trees.

(Prior code 7202.11; Ord. 35-73; Ord. 1-82; Ord. 04-24, 3/26/2024)

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.32.120

§ 12.32.130

Any decision made by the City Manager, or designated representative, may be appealed to the City Council. An appeal may be taken by the applicant or by any member of the City Council. Such appeal must be submitted in writing within 10 days of the decision or, in the case of an appeal by any member of the City Council, within seven days after the City Manager informs the City Council of his or her decision by a written report delivered to each member of the City Council following the decision. The Notice of Appeal shall state briefly the grounds of appeal and be signed by the appealing party. (Prior code 7202.12; Ord. 35-73)

A person who removes a tree without a permit to do so, or in violation of the terms or conditions of the permit, is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $500.00, imprisonment in the County Jail for six months, or both. (Prior code 7202.13; Ord. 35-73; Ord. 1-80)

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.36.010

§ 12.36.060