9-400.080 - TREES ON PRIVATE PROPERTY

(a)

Purpose and Applicability. The purpose of this section is to preserve the County's tree resources by requiring replacement of protected trees where removal is allowed. It applies to all development projects requiring discretionary approval that have Native Oak Trees, Heritage Oak Trees, or Historical Trees on the property, unless otherwise exempt.

(b)

Exemptions. This section does not apply to:

(1)

Cases of emergency requiring the immediate removal of said trees for the safety of structures or human life, as determined by the Zoning Administrator, the Director of Public Works, the Director of Parks and Recreation, or the Chief of the applicable fire district.

(2)

Removal of trees by the County or a public utility that are necessary:

(A)

To protect electric power or communication lines or other property owned by the County or the public utility, or

(B)

To repair and maintain 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.

(3)

Removal of trees required by other County codes, ordinances, or State or federal laws.

(4)

Removal of trees that are dead or diseased.

(5)

Removal of Native Oak Trees on:

(A)

Existing lots containing less than 10,000 square feet and an existing residential use, and

(B)

Existing lots containing less than one acre and an existing commercial or industrial use.

(c)

Permit Required for Tree Removal. A Zoning Compliance Review is required for the removal of a Heritage Oak Tree, Historical Tree or Native Oak Tree.

(1)

Heritage Oak Tree or Historical Tree. The removal of a Heritage Oak or Historical Tree shall not be permitted unless the Zoning Administrator finds that one or more of the following situations exists and the tree is replaced:

(A)

That the removal is in the public interest;

(B)

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;

(C)

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

(D)

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

(2)

Native Oak Tree. Removal of a Native Oak Tree shall be permitted, provided any tree removed is replaced.

(d)

Replacement. Trees removed shall be replaced as follows:

(1)

Replacement Stock. Replacement stock shall be of healthy commercial nursery stock of the species removed or other species approved by the Zoning Administrator.

(2)

Replacement 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 Zoning Administrator.

(3)

Timing. Replacement stock shall be planted between October 1 and December 31, and no later than 18 months after the date of tree removal.

(4)

Number.

(A)

Each Heritage Oak Tree or Historical Tree that has been removed shall be replaced with five trees or acorns, or combination thereof.

(B)

Each Native Oak Tree that has been removed shall be replaced with three trees or acorns, or combination thereof.

(C)

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

(e)

Security Required. The Zoning Administrator may require 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-year maintenance period. The form of the bond or other financial security must be found acceptable by the County Counsel and the amount shall be sufficient to cover the County's cost to replant replacement trees.

(1)

The Zoning Administrator 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, if all replacement trees are alive.

(2)

If the replacement trees are not alive, the Zoning Administrator shall use all or part of the security to replant replacement trees, and the applicant may be required to provide additional security to ensure maintenance of these trees for an ensuing three-year maintenance period.

(f)

Protection from Development. To protect and preserve Heritage Oak Trees, Historical Trees, and Native Oak Trees from construction activity, the following standards apply to all non-exempt development:

(1)

Grade Changes. Grade changes near or within the dripline of Heritage Oak Trees, Historical Trees, and Native Oak Trees shall comply with the following restrictions:

(A)

No grade changes shall occur within six feet of the trunk of the tree.

(B)

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

(C)

Extensive cuts or fills that are necessary beyond the protected zone shall have adequate

(D)

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.

(2)

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

(A)

Fences shall remain in place throughout the entire construction period.

(B)

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

(3)

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.

(4)

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.

(5)

Paving. Paving within the dripline of affected trees shall be 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.

(6)

Exceptions. This subsection does not apply to normal agricultural practices.

(g)

Landscaping beneath Protected Trees. Landscaping beneath Heritage Oak Trees, Historical Trees, and Native Oak Trees shall be subject to the following requirements:

(1)

Non-plant Materials. Non-plant materials such as loose boulders and cobbles, wood chips, or similar materials, may be used under trees.

(2)

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.

(3)

Non-planting Areas. No plants or lawn shall be planted within a ten-foot radius of the trunk of any Heritage Oak Tree, Historical Tree, or Native Oak Tree.

(4)

Irrigation Systems. Permanent irrigation systems within the protective zone of Heritage Oak Trees, Historical Trees, and Native Oak Trees shall be limited to bubbler, drip, or subterranean systems only, and no irrigation system shall be allowed within a ten-foot radius of the trunk of these trees.

(5)

Exceptions. This subsection does not apply to normal agricultural practices.

(h)

Expert Opinion. The Zoning Administrator may require the opinion of an arborist with special expertise in the care and maintenance of Native Oak Trees, Historical Trees, or Heritage Oak Trees to review a discretionary permit for a project that would affect any of these trees, and the applicant shall be required to pay for the cost of obtaining the services of the arborist. The arborist's review shall focus on whether the proposed project will protect and preserve Heritage Oak Trees, Historical Trees, and Native Oak Trees, as required by this section and, if not, what additional conditions of approval should be imposed to ensure that the standards of this section are met.