Visalia Municipal Code Art. 4 Development proposals; protection of oak trees

A. With respect to any application for a building or development permit, all encroachment by permanent structures into the crown drip-line of a Valley Oak is prohibited unless approved by the City Manager or his/her designee. If encroachment into the crown drip line is approved, the city shall require special construction techniques to be employed, as determined by the city manager.

B. The existing ground surface within crown-drip-line (measured horizontally) of the trunk of any oak tree shall not be cut, filled, compacted or paved without the consent of the city manager. Tree wells may be used when advisable. Excavation adjacent to any oak tree shall not be permitted where material damage to the root system will result.

C. The city council shall, by resolution adopt guidelines for commercial, industrial, and residential development and construction on property within the city, and city-initiated projects, where any oak tree is located. Such guidelines adopted pursuant to this subsection shall be made a part of this subsection and shall be enforced as hereinafter set forth. (Ord. 2007-02 § 2 (part), 2007; Ord. 2003-07 § 2, 2003; Res. 2003-61 (part), 2003; Ord. 9907 § 2 (part), 1999)

A. When any building permit, grading permit, or development permit is applied for pursuant to the city code and a proposed structure or construction project would require the destruction, removal, or pruning of an oak tree, or encroachment into the crown-drip-line of an oak tree, said permit shall not issue until the city manager has confirmed that all requirements of this chapter, including the obtaining of a removal or pruning permit or the imposition of encroachment conditions, can be met In no event shall any disturbance of the premises, disturbance of the oak trees, or encroachment into the crow-drip-line be allowed until all requirements of the chapter are met and a building permit with appropriate conditions and oak tree removal permit are issued. The issuance of a building permit notwithstanding this section shall in no event serve as a defense to a violation of any provision of this Chapter.

B. In the event a permit to destroy or remove an oak tree is issued in order to enable the applicant to carry out some project of development or improvement of the property, such permit shall be valid and effective only in connection with the actual accomplishment of such project.

C. In the event conditions related to removal or pruning of oak trees, or encroachment into the crown-drip-line, are attached to a building, grading or development permit, a minimum $10,000 deposit (or amount deemed necessary by the city manager) shall be posted and maintained to ensure compliance with such conditions. 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 condition regarding tree preservation shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the city manger. No deposit shall be required where the potential impacts to oak trees, and the required conditions to avoid such impacts, although present, are minimal. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

It is unlawful for any person to willfully destroy, mutilate, poison, or attempt to kill an oak tree in the city. Exceptions to this section are to be found in Section 12.24.050 which provides for emergency destruction, removal, or pruning of an oak tree. (Ord. 9907 § 2 (part), 1999)

City-initiated projects should comply with standards referred to in Section 12.24.120. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)