Placerville Municipal Code Ch. 13 Woodland and Forest Conservation

(A) The city finds that urban forestlands constitute an important physical, aesthetic, recreational and economic asset to the city, and for these reasons the city seeks to preserve and enhance this asset.

(B) The city finds that the regulation of tree removal and destruction (using canopy retention standards) will aid in the beautification of the city, encourage sound development, raise property values, and promote the health, safety, prosperity and general welfare of the residents and property owners consistent with the right of an individual to develop private property in a manner which will not be prejudicial to the public interest.

(C) The city council also finds that the management of the trees within the city is in accordance with the goals and policies of the general plan. (Ord. 1509, 5-24-1994)

APPROVING BODY: The approving body for an application for a subdivision shall be the city council. The planning commission shall, after review, make a recommendation to the city council.

CITY INSPECTOR: A city inspector employed by the city to administer the provisions of this chapter or any other person designated by the development services director. The city inspector may be assisted by a tree specialist.

DISCRETIONARY PROJECT: A project where the city council or planning commission has, within limits, the power of free decision or latitude to approve or deny a project such as a subdivision.

SIGNIFICANT FOREST ALTERATION: The removal or destruction of more than ten (10) "trees" as defined herein per calendar year per parcel.

SUBDIVIDABLE PARCEL: Any lot or portion of a lot that can be further subdivided or partitioned into five (5) or more lots under the city's zoning or subdivision regulations (as determined by an analysis of city staff).

TREE CANOPY: The cross sectional area of a tree measured on a horizontal plane twenty feet (20') above the natural ground level.

TREE SPECIALIST: Any person recognized by a professional horticultural or arborcultural forestry organization as having scientific knowledge in the cultivation of trees and shrubs including tree surgery, and the diagnosis, treatment and prevention of tree disease and control of pests.

TREES: For the purpose of determining canopy any living woody perennial plant having a trunk circumference of twenty four inches (24") (approximately 71/2 inches in diameter) measured twenty four inches (24") above the ground or any tree twenty feet (20') high or higher. (Ord. 1509, 5-24-1994; amd. Ord. 1654, 6-25-2013)

(A) Residential Subdividable Parcels:

1. This section shall apply to any residential subdividable parcel within the city for which approval for a discretionary project is requested and for which the following condition applies: Parcels having canopy cover by trees of at least ten percent (10%) as determined from baseline aerial photography on file with the planning department, a site survey or any other method acceptable to the approving body.

2. The following table shall be used to determine the minimum amounts of woodland canopy that must be retained during development on wooded lands. Canopy cover may be determined using any method acceptable to the approving body. Canopy removal beyond the minimum canopy retention standards shall be discouraged.

Example: For 50 percent existing baseline canopy, the minimum allowable canopy after development would be 0.80x50%=40.0% canopy.

3. Retention standards shall be applied to retain stands of trees and undisturbed woodlands in priority over individual significant trees which will be incorporated into the development. Dead, insect infested, or diseased trees shall be included as part of the baseline canopy cover determination. "Significant forest alteration" defined herein shall also require a woodland alteration permit and plan.

(B) Significant Threshold: The minimum canopy retention standards shall be used as the threshold for significance under the California environmental quality act. (Ord. 1509, 5-24-1994)

(A) Woodland Alteration Permit: Except as provided for herein, no person or corporation shall destroy or significantly alter any forest or woodland through tree damage or removal, clearing, grading, tilling, burning, application of chemicals, alteration of drainage pattern, or any other means unless they possess a valid woodland alteration permit. No person or corporation shall be granted a permit for subdivision and/or grading on wooded or forested land unless they possess a valid woodland alteration permit.

Issuance of a woodland alteration permit is contingent upon the following requirements:

1. A woodland alteration plan for the subject property including any access easements must be approved by the approving body.

2. All other requirements pursuant to the California environmental quality act (CEQA), and other applicable local, state and federal laws and regulations must be fulfilled.

3. The city council, if it desires, may establish a fee for the permit. If a fee is to be established, it will be set by resolution. (Ord. 1509, 5-24-1994)

4. All applications shall be submitted to the development services department on a form provided by that department. The form will contain a list of all the information to be submitted with the application. (Ord. 1509, 5-24-1994; amd. Ord. 1654, 6-25-2013)

(B) Woodland Alteration Plan: The purpose of the woodland alteration plan (WAP) is to establish specific methods to conserve existing and potential woodland resources and to replace impacted woodland resources during construction or development. The WAP shall be prepared by a qualified tree specialist and the charges of preparing the WAP shall be borne by the applicant.

The WAP shall provide that a project meets the minimum canopy retention standards of the provision through any, or a combination, of the following methods or other methods:

1. Minimizing the extent of the development and locating it to avoid impacts on existing woodlands.

2. Clustering development on a portion of the project area to retain continuous stands of trees in the nondeveloped portion.

3. Compliance with the tree preservation guidelines adopted by resolution of the city council may be required.

4. If deemed necessary, a fire management plan shall be submitted concurrently with a woodland alteration permit.

5. If the removal of trees exceeds the minimum canopy retention standard then the woodland alteration permit shall demonstrate how the replacement trees will be maintained, and by whom, to meet the minimum canopy retention standard.

6. If the canopy is removed beyond the minimum canopy retention standard, the decision making body may, at its discretion, require the replacement of trees to a level greater than the minimum stated herein, if it is deemed to further enhance the project or to reduce environmental impacts.

7. Replanting with native species to meet the minimum canopy retention standards. Alternative species may be used to exceed minimum canopy retention standards. The future canopy shall be determined by species, size and estimated canopy after fifteen (15) years of growth. (Ord. 1509, 5-24-1994)

Unless hereinafter specifically exempted from the provisions of this chapter, no person shall destroy or significantly alter forest lands on or upon any "subdividable parcel" as defined herein unless the woodland alteration permit requirements are met. No final subdivision map shall be filed unless the requirements of the woodland alteration permit are met, unless adequate security is placed with the city to ensure that said requirements can be accomplished by the city at its discretion. (Ord. 1509, 5-24-1994)

The following trees are exempt from the provisions of this chapter:

(A) Those trees which comprise a nursery, garden center, tree farm or orchard, or previously used as a fruit orchard.

(B) The first ten (10) trees removed from any one parcel, which is limited to ten (10) trees within any one calendar year.

(C) Trees removed or trimmed by a public utility in the normal course of its business to protect existing or construct new public utility lines and facilities.

(D) The removal of hazardous, dangerous, dead or diseased trees whose condition poses a threat to person or property, provided that the person making application for removal of the tree has provided a report from a tree specialist that the tree is indeed hazardous, dangerous, dead or diseased. However, if there is any extreme emergency condition where a tree may fall and cause property damage or bodily injury, the tree inspector may waive the requirement for a report and order the removal of the tree. No fee will be charged when emergency conditions exist. It is the intent of this chapter to encourage property owners to remove hazardous or dangerous trees.

(E) Trees removed for commercial purposes on parcels three (3) acres or larger when the property owner has filed a harvest plan with the California state department of forestry and satisfied all other requirements of said department. (Ord. 1509, 5-24-1994)

Prior to issuing a permit for "significant forest alteration" defined herein, the city inspector shall make the determination that the woodland alteration plan is in compliance with the appropriate canopy retention standard and any other conditions of permit issuance. (Ord. 1509, 5-24-1994)

In granting a permit for tree destruction or removal, the city inspector or governing body may attach reasonable conditions thereto as are required to ensure compliance with the intent and purpose of this chapter. Such conditions may include, but shall not be limited to, the replacement of trees, security therefor and erosion controls. (Ord. 1509, 5-24-1994)

Security will be required when more than ten (10) trees on the property are to be removed pursuant to the tree removal permit in order to guarantee compliance with any conditions of the woodland alteration permit. Security shall be posted with the city at the rate of one thousand dollars ($1,000.00) per acre with a minimum of one thousand dollars ($1,000.00). Emergency removal of tree(s) will not require security. Any monies collected under this section shall be used for the reforestation of bonded property and/or in a manner that further the goals of this chapter. (Ord. 1509, 5-24-1994)

When the tree removal and reforestation has been completed for two (2) years, or as specified in the permit, the city inspector will authorize the release of the security to the permittee. Unacceptable tree growth or condition, as well as actual tree death, shall be grounds for security forfeiture. (Ord. 1509, 5-24-1994)

(A) Any decision made by the city inspector may be appealed by: 1) the applicant, 2) by any affected resident or, 3) any affected property owner in the city, to the planning commission. A person desiring to appeal such decision shall file a notice of appeal in writing with the secretary of the planning commission within ten (10) days after the date of the decision being appealed, stating briefly the grounds of appeal and bearing the signature of the appellant.

(B) Appeals of the decision of the planning commission on the issuance or denial of a tree destruction or removal permit may be made to the city council by filing a notice of appeal with the city clerk in the manner provided in subsection (A) of this section within ten (10) days of the decision of the planning commission.

(C) Appeals shall be accompanied by an appeal fee established by resolution of the city council. (Ord. 1509, 5-24-1994)

(A) Any person who without a permit destroys, significantly alters or damages forest lands, not otherwise exempt, on a "subdividable parcel", as defined herein, which is located on private property shall be liable to the city for the cost of repair and replacement.

Repair or replacement cost shall be defined as follows:

1. The replacement value of a tree removed up to twelve inches (12") in trunk diameter shall be based upon the current retail price of a comparable tree up to twelve inches (12") of trunk caliper measured at four and one-half feet (4.5') from the top of the container soil level or the existing soil grade at the site of the damaged tree.

2. For trees larger than twelve inches (12") in trunk caliper, the replacement value shall be determined on the basis of the number of square inches the tree trunk cross section measured at four and one-half feet (4.5') above the grade in accordance with the formula prepared by the International Society of Arbor Culture.

3. If the city cannot make a monetary determination of the repair or replacement cost utilizing the formula prepared by the International Society of Arbor Culture, the city shall either require:

(a) Monetary reimbursement in a sum equal to the current market value of two (2) forty eight inch (48") size box specimen trees for each tree damaged or destroyed. All monies collected are to go toward the replacement of damaged or destroyed trees.

(b) Replanting of two (2) forty eight inch (48") size box specimen trees for each tree damaged or destroyed.

Unless otherwise agreed to by the city, the specimens used to replace or calculate replacement value shall be the same species as the damaged or destroyed tree.

4. Replacement value shall in addition include labor and materials for removing the damaged or destroyed tree and replanting of replacement trees. The party responsible shall also guarantee that all plants replaced shall live for at least two (2) years or they will be replaced. Replacement trees shall also be guaranteed for two (2) years from the date of replacement.

5. The party responsible for the damage of the tree shall be required to post a bond or deposit cash equal to the replacement value of the tree guaranteeing its repair or replacement. The responsible party shall post the bond or deposit the cash immediately upon notification of the city to do so.

6. All repairs or replacements performed pursuant to this chapter shall occur within sixty (60) days of the report of damage to the tree. Repair or replacement shall be performed by city personnel or an approved landscape tree person or contractor.

7. The remedies set forth in this section shall not be exclusive but may be imposed in addition to any other remedies or penalties set forth in this chapter.

(B) In cases of the intentional tree removal without a permit a reforestation plan shall be filed with the city and all of the requirements thereof shall be met at least two (2) years prior to the issuance of a woodland alteration permit. The preparation of a woodland alteration plan may proceed during the site plan or subdivision map review process. The reforestation plan must be approved as adequate by the planning commission. If the removal of trees results in canopy levels below the existing base line as provided in subsection 8-13-3(A) of this chapter, the standard for reforestation shall be set at one hundred percent (100%) of previously existing base line levels.

In addition a notice shall be recorded against the property notifying potential buyers that trees were removed from the property in violation of this chapter and list conditions or potential conditions related to the violation. Once the violations are corrected the notice shall be removed from the property. (Ord. 1509, 5-24-1994)

Any person violating the provisions of this chapter, either personally or through an agent or representative, is guilty of a misdemeanor and shall be punishable as provided in California Penal Code section 19 for each tree, plant or species removed in violation of this chapter. (Ord. 1578, 8-28-2001)

Variances from the provisions of this chapter shall be processed in accordance with the criteria and procedures specified in sections 10-3-5 and 10-3-6 of this code. (Ord. 1509, 5-24-1994)