Chapter II — Tree Preservation and Protection

Contents:

D5-7 - Purpose

D5-8 - Applicability

D5-9 - Tree Removal Permit Application Requirements

D5-10 – Tree Planting and Replacement

D5-11 – Tree Permit Approval or Denial D5-12 – Post Approval Procedures

D5-7 - Purpose

This Chapter provides regulations for the protection, preservation, maintenance, and replacement of:

• A. Native oak trees;

• B. The habitat values of oak woodlands;

• C. Trees of historic or cultural significance;

• D. Groves and stands of mature native trees; or

• E. Mature trees and native habitat in general.

D5-8 - Applicability

• A. Applicability to protected trees. The provisions of this Chapter shall apply in all zones to the removal or relocation of any protected tree as defined below unless exempt as determined in subsection C of this section. A protected tree is any of the following:

  1. A native oak tree with a diameter of six or more inches as measured 54 inches above the ground.

  2. A heritage, or landmark tree or grove identified by City Council Resolution.

  3. Significant groves or stands of trees identified by City Council Resolution.

  4. A tree required to be planted, relocated, or preserved that is specifically identified as a condition of approval for a Tree Removal Permit or other discretionary permit, and/or as environmental mitigation for a discretionary permit.

  5. A tree within 100 feet of a perennial stream, or within 50 feet of a seasonal stream that is six inches or more in diameter as measured at 54 inches above the ground.

  6. A mature tree other than those listed in Subsections A.1 through A.4, that is eight inches or more in diameter as measured at 54 inches above the ground that is not otherwise exempt from the requirement of this Chapter.

• B. Tree Removal Permit required.

  1. Activities requiring a permit . A Tree Removal Permit shall be required prior to:

     • a. Relocation, removal, cutting-down, or other act that causes the destruction of a protected tree;

     • b. Issuance of building or grading permits resulting in the removal of a protected tree; or

     • c. The approval of a, Development Plan, Use Permit, Minor Use Permit, Variance, or subdivision map, hereafter referred to as "discretionary projects" resulting in the removal of a protected tree.

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• C. Exceptions. The removal or relocation of a protected tree is exempt from the provisions of this Chapter under the following circumstances and shall not require the issuance of a tree removal permit:

  1. Trees exempt from a permit. In all zones a willow tree, fruit tree, eucalyptus tree, alder tree, cottonwood tree, pine tree, redwood tree, or similar ornamental tree, as determined by the Director, are not protected trees.

  2. Existing trees on single-family residential property that cannot be further subdivided. Within a RC, HR, RE, RS, RM and PD residential zones, the removal of an existing tree of the type described in Subsection A.6 shall be exempt from a tree removal permit.

3. Nursery. Removal of trees planted, grown, or held for sale by a nursery, tree farm, or similar commercial operation.

   4. Orchards. Removal of orchards or fruit trees grown, planted, or held for sale for cash crop or commercial purposes.

   5. Dead trees. Any protected tree which is determined by the Director, or an arborist approved by the Director, to be dead, has become hazardous or unsightly as a result, and provides limited habitat value.

   6. Emergency situation. Cases of emergency where the Director, City Engineer, a member of a law enforcement agency, or the Fire Department determines that a protected tree poses an imminent threat to the public safety, or general welfare such as but not limited to:

      • a. Traffic visibility obstructions. Removal or relocation of trees necessary to maintain adequate line-of-sight distances as required by the Director, or City Engineer.

      • b. Public utility damage. Removal of trees for the protection of existing electrical power, communication lines, or other utility facilities.

• D. Enforcement. Any person who cuts, damages, or moves a protected tree in violation of this Chapter shall be subject to the enforcement provisions of the Municipal Code.

D5-9 - Tree Removal Permit Application Requirements

• A. Application contents. An application for a Tree Removal Permit shall contain the information as required by the Director which may include submittal of studies such as an Arborist report or Arborist’s statements disclosing the conditions of trees to be removed and reasons for the removal.

• B. Application filing.

  1. Discretionary Project: An application for a Tree Removal Permit involving a discretionary project shall be included as part of the application for the discretionary project, and the review authority for a discretionary project shall act upon the application.

  2. Non-discretionary Project: An application for a Tree Removal Permit not associated with a discretionary project shall be filed with the Planning Services Division, and the Director or Director’s designee shall act upon the application.

D5-10 – Tree Planting and Replacement

The City's principal objective for the Tree Removal Permit process is the preservation and replacement of protected trees. Where the review authority determines that preservation is infeasible, replacement plantings or in-lieu fees may be required in compliance with this Section.

Replacement Trees for Existing Development

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Removal of protected trees on already improved commercial or single-family residential property may be subject to replacement trees as determined by the Director or an arborist’s recommendation approved by the Director. The tree replacement ratio may depend on the ability of the property to accommodate replacement trees, as determined by the Director or an arborist’s recommendation approved by the Director.

Replacement Trees for Proposed Development

Subsection A through D are applicable to proposed subdivisions, new developments and/or other project requiring discretionary approval.

• A. Extent of replacement required. The review authority may condition any Tree Removal Permit for the removal of a protected tree upon the replacement of trees in kind. The replacement requirement shall be calculated as provided by Table 5-1. The review authority may reduce the required number of replacement trees if it is determined that the subject site would not adequately support the total number of required replacement trees. The review authority may approve a replacement program using one of the methods identified in Subsections B. through D., or any combination of the methods.

• B. Location and specifications for replacement trees. The replacement trees required by Table 5-1 shall be planted on site (the City's preferred method of mitigation), except that the review authority may authorize other areas within the City where maintenance to ensure survival of the trees will be guaranteed.

  1. All replacement trees shall be of the same native species as the trees being removed. In the case where an approved tree replacement location is characterized as non-native habitat such as an incompatible ornamental landscape, urban development, and/or narrow roadway median, the replacement tree may be non-native species.

  2. Up to 50 percent of the required replacement trees may have a 5-gallon container size, where the review authority determines that long-term tree health and survival will be improved by starting with a smaller container size, and that each tree with a container size less than 15 gallons will not be in a location where it will be more subject to damage while it is becoming established than a larger tree.

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3. Replacement trees shall be in addition to any trees required by provisions of this Zoning Ordinance other than this Chapter (e.g., required parking lot landscaping or street trees).

• C. Revegetation. The review authority may, instead of requiring replacement trees, require implementation of a revegetation plan.

1. The Developer shall enter into a written agreement with the City obligating the developer to comply with the requirements of the revegetation program.

   2. A performance security or bond for 150 percent of the cost of the revegetation plan shall be required to insure that the agreement is fulfilled.

   3. The revegetation program shall propagate native oak trees from seed using currently accepted methods, and shall identify the seed source of the trees to be propagated, the location of the plots, and the methods to be used to ensure success of the revegetation program.

   4. A revegetation program shall not be considered complete until the trees to be propagated have survived in a healthy state for a minimum of 10 years, or the Commission has approved a revegetation program which demonstrates the need for alternative success criteria and achieves mitigation on an inch-for-inch basis.

• D. In lieu mitigation fee. The review authority may determine that the remedies described above are not feasible or desirable and may instead require the payment of an in-lieu fee for the cost of purchasing, planting and irrigating the number of 15-gallon trees required by Table 5-1 and maintaining for five years. The in-lieu fee shall be calculated based on the unit cost (materials and labor) commonly used in estimating the landscape improvements at the time of the subject applications are deemed to be complete. The in-lieu fee shall be deposited into one of the following funds, as determined by the review authority:

  1. Oak Tree Propagation Fund. This fund shall be used to propagate and protect native oak trees. Uses of the fund include, but are not limited to, purchasing property to plant or protect native oak trees, propagating native oak trees from seed or container stock and maintaining existing native oak trees.

  2. Non Native Tree Fund. This fund shall be used to purchase and plant non-native trees within San Ramon. Uses of the fund include, but are not limited to, purchasing and propagating non-native trees from seed or container stock and maintaining existing non-native trees.

• E. Conditions for tree removal to accommodate agriculture. A Tree Removal Permit may be granted to allow tree removal within the HR, RC, and RE, zones to accommodate a commercial agricultural use, which is subject to a Minor Use Permit, without mitigation in compliance with Subsections A. through D., subject to the following conditions:

  1. The agricultural use, as proposed and ultimately established, shall be limited to crop production, horticulture, orchards or vineyards, but shall not include grazing or other animal uses;

  2. The Tree Permit shall be exercised within one year;

  3. Once tree removal is commenced, the proposed replacement agricultural use shall be in place within 24 months of the removal of the first tree, or mitigation shall be required in compliance with Subsections A. through E.;

4. Once the replacement agricultural use is established, it shall be maintained for a minimum of five years. If the agricultural use is terminated before five years, and/or if a subdivision application for non-agricultural development is filed with the City within that period, or mitigation shall be required in compliance with Subsections A. through D.; and

   5. The approved tree removal and subsequent agricultural use shall retain existing trees:

      • a. Around existing and proposed buildings;

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• b. Adjacent to parcel boundaries; and

• c. In significant groves, as determined by the Director.

D5-11 – Tree Permit Approval or Denial

Each Tree Removal Permit application shall be reviewed, and approved or denied in compliance with this Section.

• A. Application evaluation criteria. The following criteria shall be used to support the findings required by Subsection B. for the approval of a Tree Removal Permit.

  1. General criteria.

     • a. The gross floor area of proposed buildings in relation to the "usable" size of the site and the amount of usable space on the site that does not require the removal of protected trees;

     • b. Design features in comparison with other existing or approved projects in the vicinity and in the same zone that have or had protected trees on their sites;

     • c. Factors that are unique to the site, such as topographic constraints, lot configuration and other physical limitations;

     • d. The overall health and structural condition of the potentially impacted protected trees;

     • e. The approximate age of each protected tree compared with the average life span for each species;

     • f. The number of healthy protected trees that the site will support, with and without the proposed development;

     • g. The effect of tree removal on soil stability/erosion, particularly near watercourses or on steep slopes;

     • h. Whether there are any alternatives that would allow for the preservation of the protected tree; and

     • i. Any other information the review authority finds pertinent to the decision, including any information obtained at a public hearing.

  2. Criteria for removal.

     • a. The age of the protected tree with regard to whether its removal would encourage healthier, more vigorous growth of younger similar trees in the area;

     • b. The number of existing protected trees in the area and the effect of removal upon public health, safety and the general welfare of the area;

     • c. The potential for the protected tree to be a public nuisance or interfere with utility service, as well as its proximity to existing structures; and

     • d. Present and future shade potential with regard to solar heating and cooling.

  3. Criteria for encroachment. Whether the degree of encroachment is likely to result in the subsequent decline of the affected protected tree or create a future risk to public safety or pose a hazard to adjacent structures.

• B. Required findings for approval. The approval of a Tree Permit shall require that the review authority first make all the following findings:

  1. The approval of the Tree Permit will not be detrimental to the public health, safety or welfare, and approval of the Tree Permit is consistent with the provisions of this Chapter; and

  2. Measures have been incorporated into the project or permit to mitigate impacts to remaining trees or to replace the trees removed.

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• C. Considerations for denial of a Tree Permit. A Tree Removal Permit shall be denied if the review authority finds that any one of the following situations exists.

  1. Removal or damage of a healthy tree could be avoided by:

     • a. Reasonable redesign of the site plan;

     • b. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the review authority.

  2. Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have not been made where these problems are anticipated as a result of the removal.

  3. The tree to be removed contains an active nest of a bird covered by the Migratory Bird Treaty Act, that has been identified through the project environmental review process or that is otherwise known to the review authority, and a qualified professional has determined that the relocation of the nest without damage to the nestlings is not possible. In this case, tree removal shall be delayed until nesting is complete.

• D. Limitation on approved activities. A Tree Removal Permit shall not be issued for temporary parking, or the storage of vehicles, trailers, equipment, construction materials, or temporary structures within the protected zone of a protected tree.

• E. Conditions of approval. The approval of a Tree Removal Permit shall include conditions of approval as necessary to ensure compliance with Section D5-8 (Tree Planting and Replacement).

D5-12 – Post Approval Procedures

The following procedures apply after the approval of a Tree Removal Permit application.

• A. Appeals. The decision of the review authority shall be final unless an appeal is filed in compliance with Chapter D7-II (Appeals and Calls for Review).

• B. Expiration/extension. Except where otherwise provided by this Chapter, a Tree Permit shall be exercised within six months from the date of approval or other time limit established through a concurrent land use permit approval. Time extensions, for up to a total of two additional years, may be granted in compliance with Chapter D6-III (Permit Implementation, Time Limits, and Extensions). A Tree Permit not exercised within its time limits shall expire in compliance with Chapter D6-III.

• C. Performance guarantee. The review authority may require that a monetary security deposit be posted and maintained where deemed necessary to ensure:

  1. The preservation of protected trees during construction;

  2. The completion of required mitigation measures; and

3. In the case of tree removal within the RC zone to accommodate an agricultural use, the establishment of the proposed agricultural use.

The deposit shall be posted in a form approved by the City Attorney prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each violation of any Tree Removal Permit condition regarding tree preservation shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the review authority, provided that this determination may be appealed in compliance with Chapter D7-II.

• D. Construction monitoring. Monitoring of tree protection and restoration measure specified as conditions of approval shall be performed by site inspection conducted by the Director or the Director’s designee.

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• E. Revocation. A Tree Removal Permit may be revoked or modified, as deemed necessary by the Director, with any of the following findings that the tree removal, relocation, or protection activities:

  1. Cannot support the original findings;

  2. Resulted from misrepresentation or fraud;

  3. Has not been implemented in a timely manner;

  4. Has not met, or has violated any condition of approval;

  5. Is in violation of any code, law, ordinance, or statute;

  6. Is detrimental to public health, safety, or welfare; or

  7. Constitutes a nuisance.

• F. Stop work orders. Whenever any construction or work is being performed contrary to the provisions of this Chapter or applicable conditions of approval, the Director may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation and the risk to the trees. No further work shall be allowed until the violation has been corrected and approved by the Department.