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Chapter 19.12 Tree Preservation and Protection
19.12.010 Short Term.
This ordinance shall be known, and may be cited, as the Tree
Preservation Ordinance. (SCC 480 § 1, 1981.)
19.12.020 Purpose and Intent.
For at least several centuries prior to the arrival of the
first Spanish explorers in California, native oak trees existed as dominant and
magnificent features in the landscape of the Central Valley of California. These
trees provided a predominant food staple for original Indian inhabitants, and a
major source of firewood and building material for early explorers and settlers.
Over the years, the vast majority of these trees have been cleared to
accommodate agriculture, burned as firewood and removed to facilitate urban
development. Only a small vestige of the original oak woodland forests remains
today. The removal of oak trees continues to the present time, and occurs at a
much faster pace than natural regeneration. Thus, it has become imperative that
an ordinance be established to preserve and protect remaining native oak trees
as significant, integral, and outstanding examples of the historical heritage of
Sacramento County.
Furthermore, it is recognized that the preservation of trees
enhances the natural scenic beauty, sustains the long term potential increase in
property values which encourages quality development, maintains the original
ecology, retains the original tempering effect of extreme temperatures,
increases the attractiveness of the County to visitors, helps to reduce soil
erosion, and increases the oxygen output of the area which is needed to combat
air pollution.
For these reasons, in order to promote the health, safety,
and general welfare, to preserve and protect significant historical heritage
values, to enhance the beauty of the County of Sacramento, and to complement and
strengthen zoning, subdivision and land use standards and regulations, while at
the same time recognizing individual rights to develop private property, the
Board of Supervisors adopts this ordinance, establishing basic standards and
measures for the preservation and protection of trees.
It shall be the policy of the County to preserve all trees
possible through its development review process. (SCC 480 § 1,
1981.)
19.12.030 Interpretation and Severability.
The provisions of this ordinance shall be liberally construed
to effectuate their purposes. If any section, clause, provision or other portion
of this ordinance is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this ordinance shall not be affected
thereby. Interpretation of this ordinance rests with the Project Planning
Commission. (SCC 480 § 1, 1981.)
19.12.040 Definitions.
For the purposes of this ordinance, certain words or terms
used herein shall be interpreted as follows: words in the present tense include
the future; words in the singular include the plural number.
Approving Body: As used in this chapter as "approving body"
shall be any one of the following: County Board of Supervisors, Director of
Public Works, Project Planning Commission, Policy Planning Commission, Board of
Zoning Appeals, Subdivision Review Committee, or the Zoning
Administrator.
dbh: Diameter at breast height is the diameter of a tree
measured at four and one-half feet above the ground while standing on the high
side of the tree. The diameter may be calculated by use of the following
formula:
diameter = circumference / 3.142
Discretionary Projects: As used in this chapter a
"discretionary project" shall be a project that must be approved by one of the
following approving bodies: Board of Supervisors, Policy Planning Commission,
Project Planning Commission, Board of Zoning Appeals, Subdivision Review
Committee, or Zoning Administrator.
Discretionary projects shall include, but are not limited to:
a special development permit, a parcel map, a parking reduction permit, a
rezone, a site plan approval permit, a subdivision map, a variance, or a
conditional use permit.
Drip Line: An area delineated by projection of the periphery
of the crown area of a tree down to the ground surface.
Native Oak Tree: Shall include any of the following: valley
oak (Quercus lobata), interior live oak (Quercus wislizenii), blue oak (Quercus
douglasii), or oracle oak (Quercus morehus)
Public Land: Shall include all lands in public trust,
federal, state, and local, including but not limited to, public rights of way,
easements, and parks.
Public Trees: Shall be any tree with one-half, or more, of
its trunk or branches on or above public land.
Private Land: Shall include all land owned by private
interest, and not designated public land.
Tree: As used in this chapter, a "tree" shall mean any living
native oak tree having at least one trunk of six inches or more in diameter
measured four and one-half (4 1/2) feet above the ground, or a multi-trunked
native oak tree having an aggregate diameter of ten inches or more, measured
four and one-half (4 1/2) feet above the ground (dbh)
Tree Permit: A tree permit is an authorization by the
Director of Public Works for the removal of a tree.
Designated Urban Area: Beginning at the crossing of the
Sacramento River by Interstate 880; thence northeasterly on 880 to its
intersection with the east main drainage canal; thence northeasterly on 880 to
its intersection with the east main drainage canal; thence northerly to the
County Line; thence easterly along the County Line to the City of Folsom; thence
southerly along the City Limits to Highway 50; thence easterly on Highway 50 to
Prairie City Road, thence southerly on Prairie City Road to White Rock Road;
thence southwesterly on White Rock Road to Grantline Road to Douglas Road;
thence westerly on Douglas Road to Sunrise Boulevard; thence southerly on
Sunrise to Jackson Highway; thence westerly on Jackson Highway to Bradshaw Road;
thence southerly on Bradshaw Road to Calvine Road; thence westerly on Calvine
Road to Highway 99; thence southerly on Highway 99 to Bond Road; thence easterly
on Bond Road to Waterman Road; thence southerly on Waterman Road to Grantline
Road; thence southwesterly on Grantline Road to Highway 99; thence northwesterly
on Highway 99 to Elk Grove Boulevard; thence westerly on Elk Grove Boulevard to
Interstate 5; thence northerly on Interstate 5 to the City Limits; thence
westerly along theCity Limits to the Sacramento River; thence northerly on the
Sacramento River to the point of beginning. (SCC 480 § 1, 1981.)
19.12.050 Exemptions.
Except as provided in subparagraph (c) of this section, this
chapter shall not apply to:
- Any lot located in the designated urban area (1) created
by a final subdivision map, consisting of five or more lots, (2) each lot having
an area of 10,000 square feet or less, and (3) developed with a single family
detached house, a duplex or a halfplex.
- Any lot located in any of the following named subdivisions
including all units thereof: Sierra Oaks Vista, Sierra Oaks, Arden Park Vista
and Arden Oaks.
- No land located in the designated urban area and within
the 100 year floodplain shall be exempt from the provisions of this chapter.
(SCC 480 § 1, 1981.)
19.12.060 Tree Permit.
No person shall trench, grade or fill within the dripline of
any tree or destroy, kill or remove any tree as defined, in the designated urban
area of the unincorporated area of Sacramento County, on any property, public or
private, without a tree permit, or unless authorized as a condition of a
discretionary project approval by the Board of Supervisors, Policy Planning
Commission, Project Planning Commission, Zoning Board of Appeals, the Zoning
Administrator or the Subdivision Review Committee. (SCC 480 § 1,
1981.)
19.12.065 Prohibition.
No County agency or Department shall issue tree cutting,
encroachment or any other permits which purport to authorize a use,
construction, or other activity which is subject to the provisions of this
ordinance or the zoning code prior to review and approval as provided in this
chapter. (SCC 480 § 1, 1981.)
19.12.070 Jurisdiction.
- Private Land Not in Conjunction with Other Discretionary
Development. The preservation or removal of trees within privately owned land
and not in conjunction with a previously approved discretionary development
project shall be the responsibility of the Director of Public Works.
- Discretionary Project. The preservation or removal of
trees as a condition of approval of a discretionary project shall be the sole
and continuing responsibility of the approving body which granted approval of
the project.
- Parks. The preservation or removal of trees within parks,
parkways, and public recreation easements, shall be the responsibility of the
Director of Parks and Recreation.
- Other Public Land. Preservation or removal of trees within
other County owned lands or public easements, shall be the responsibility of the
Director of Public Works. (SCC 480 § 1, 1981.)
19.12.080 Application Procedure.
Any person desiring to cut down, destroy or remove one or
more trees shall make application to the approving body not less than ten days
prior to the time desired to physically remove the tree. Said application shall
contain:
- A brief statement of the reasons for removal;
- Consent of the owner or record of the land on which the
proposed activity is to occur;
- A tree survey with the accurate location, number, species,
size (diameter measured 4 1/2 feet above the ground, approximate heights, and
approximate canopy diameter) and approximate age (if known) of the tree or trees
to be removed;
- If the project involves other discretionary development,
then this survey must be part of the total development plan and must also
describe any tree or trees which could be affected by the proposed development;
and
- Any other pertinent information. (SCC 480 § 1,
1981.)
19.12.090 Decision Criteria.
Prior to the issuance of such permit, the approving body
shall ascertain whether or not the tree cannot or should not be
retained.
- The determination of the approving body in granting or
denying a permit shall be based upon the following criteria:
- Whether or not the preservation of the tree would
unreasonably compromise an owner’s development of land;
- The condition of the tree with respect to disease, general
health, damage, danger of falling, and whether or not the tree acts as a host
for an organism which is parasitic to another species of tree which is in danger
of being exterminated by the parasite;
- The approximate age of the tree compared with the average
life span for that species;
- Age of tree with regard to whether or not removal of the
tree would encourage healthier, more vigorous growth of younger similar trees in
the area;
- The number of existing trees in the area and the effect of
the tree removal upon public health, safety, prosperity, beauty and general
welfare of the area;
- The number of healthy trees that a given parcel of land
will support, with and without the proposed development;
- The effect of tree removal on soil stability/erosion,
particularly near water courses or on steep slopes;
- The potential for the tree to be a public nuisance, or
interfere with utility service, as well as its proximity to existing
structures;
- Present and future shade potential with regard to solar
heating and cooling;
- Whether or not there are any alternatives that would
allow for the preservation of the tree; and
- Any other information the body finds pertinent to the
decision, including, if necessary, information obtained at a public hearing.
(SCC 480 § 1, 1981.)
19.12.100 Tree Removal Provisions.
- If a permit is denied, the Director of Public Works shall
provide written notification, including the reasons for denial, to the
applicant.
- A granted permit shall be valid for a period of six months
from the date of issuance. An extension of time may be granted not to exceed six
months.
- It shall be the responsibility of the person trenching,
grading or filling within a tree dripline or cutting, destroying or removing any
tree under this chapter to have the tree permit or a copy of the conditions of
approval imposed by the approving body at the tree removal site.
- The permit, or the conditions of approval granted by the
approving body, shall entitle the applicant to remove only the tree or trees
approved for removal. (SCC 480 § 1, 1981.)
19.12.110 Consideration of Permits.
It shall be the responsibility of the applicant to
demonstrate the need for a permit or other approval issued pursuant to the
provisions of this ordinance.
In considering any application or permit relating to the
provisions of this ordinance the approving body may approve such permit or
application standards and requirements of this ordinance regulating
environmental control or development.
In passing judgment upon permits or applications required
pursuant to the provisions of this ordinance the approving body may impose such
reasonable conditions of approval as are necessary and appropriate to minimize
the environmental, health or safety effects of the development or use. (SCC 480
§ 1, 1981.)
19.12.120 Appeal.
Any decision made by any approving body other than the Board
of Supervisors may be appealed by the applicant property owner to the Board of
Supervisors. Such appeal must be submitted in writing to the Clerk of the Board
within fifteen (15) days of the date on which the original decision occurred
briefly stating the facts and grounds of appeal, and signed by the appellant.
Upon receipt of said appeal, the Clerk of the Board shall set the item on the
Board’s agenda not later than thirty (30) days from the date of filing
said appeal, and shall notify the appellant of the hearing date. The Clerk of
the Board shall at the time of setting the date of the hearing also mail a copy
of the appeal, together with a notice of public hearing to each member of the
Board and the director of public works. Following the hearing of any such
appeal, the Board may affirm, reverse or modify the former action. The action of
the Board of Supervisors on any such appeal shall be final and conclusive. (SCC
480 § 1, 1981.)
19.12.130 Development Control Measures.
The approving body may mandate any or all of the following
control measures to mitigate damage to oak trees caused by land
development:
- No grade cuts greater than one foot shall occur within the
driplines of oak trees, and no grade cuts whatsoever shall occur within five
feet of their trunks;
- No fill greater than one foot shall be placed within the
driplines of oak trees and no fill whatsoever shall be placed within five feet
of their trunks;
- No trenching whatsoever shall be allowed within the
driplines of oak trees. If it is absolutely necessary to install underground
utilities within the driplines of an oak tree, the trench shall be either bored
or drilled;
- No irrigation system shall be installed within the
driplines of oak tree(s) which may be detrimental to the preservation of the oak
tree(s) unless specifically authorized by the approving body or the Director of
Public Works.
- Landscaping beneath oak trees may include non-plant
materials such as boulders, cobbles, wood chips, etc. The only plant species
which shall be planted within the driplines of oak trees are those which are
tolerant of the natural semi-arid environs of the trees. Limited drip irrigation
approximately twice per summer is recommended for the understory plants.
Permitted plants include:
- Iris douglasiana hydrids (native iris)
- Heuchera species (coral bells)
- Aloe species
- Dudleya species
- Sisyrinchium bellum (blue-eyed grass)
- Hemerocallis hybrids (day lily)
- Cyclamen neopolitanum
- Mimulus aurantiacus and hybrids (monkey flowers)
- Artemisia species
- Achillea tomentosa (woolly yarrow)
- Symphoricarpos millis (prostrate snowberry)
- Mahonia repens (creeping Mahonia)
- Mahonia nervisa (long leaf Mahonia)
- Mahonia aquifolliium compacts (compact Oregon
grape)
- Archtostaphylos edmundsil "Carmel Sur" (Sur
manzanita)
- Arctostaphylos hookeri "Monterey Carpet"
- Sollya heterophylla (Austrailian bluebell
creeper)
- Ribes viburnifolium (Catalina fragrance)
- Daphne odora (winter daphne)
- Arctostaphylos hookeri "Wayside"
- Arctostaphylos densiflora "Howard McMinn"
- Symphoricarpos rivularis (snowberry)
- Rhamnus californica "Eve Case" (California
coffeeberry)
- Heteromoles arbutifolia (toyon)
- Choisya ternata (Mesican orange or mock orange)
- Paving within the driplines of oak trees should be
stringently minimized. When it is absolutely necessary, porous material should
be used. (SCC 480 § 1, 1981.)
19.12.140 Replanting Security.
- Adequate security may be required for any project for
which a permit or other approval is required pursuant to provisions of this
ordinance or the Zoning Code. The purpose of such security shall be to guarantee
the applicant’s compliance with conditions of approval and County
ordinance provisions regarding tree protection and preservation. Security may
also be required at the discretion of the approving body to insure to completion
of any additional work specified as a condition of permit approval or other
approvals.
- The security shall be in the amount of 100% of the
estimated cost of the required work.
- The security may be in the form of a letter of credit,
cash deposit, or a combination thereof and shall be approved by County
Counsel.
- The security may be required by the approving body
whenever it appears that substantial work is required by the County or its
agencies on the following:
-
Land containing trees;
- Substantial grading is required;
- When action may be required by the County or any of its
agencies to correct a violation of the Zoning Code or other written policies or
regulations of the County.
- The terms and conditions of the security shall be
determined by the approving body and shall be stated in the conditions of
approval.
- Security posted on actual work required shall be
maintained for a period of time not to exceed five (5) years.
- Any interest gained on case security posted by requirement
of the agency shall accrue to the applicant and his or her designee. (SCC 480
§ 1, 1981.)
19.12.150 Other Species of Trees.
The approving body shall have the authority to adopt
mitigation measures as conditions of approval for discretionary projects in
order to protect other species of trees, in addition to the oaks. Violations of
such adopted conditions shall be subject to the penalties described in Sections
19.12.190, 19.12.200, and 19.12.210, of this ordinance. (SCC 480 § 1,
1981.)
19.12.160 Grading Beneath Tree Driplines.
Grading beneath trees to be saved shall be given special
attention. Every reasonable effort shall be made to avoid creating conditions
adverse to the tree’s health. The natural ground within the driplines of
protected trees shall remain as undisturbed as possible. Grading within the
driplines of oak trees will not be permitted unless specifically authorized by
the approving body or by the Director of Public Works.
- Major roots two inches or greater in diameter encountered
within the tree’s dripline in the course of excavation from beneath trees
which are not to be removed shall not be cut and shall be kept moist and covered
with earth as soon as possible. Roots one inch to two inches in diameter which
are severed shall be trimmed and treated with pruning compound and covered with
earth as soon as possible.
- Support roots that are inside the dripline of the tree
shall be protected. The permittee is required to hand-dig in the vicinity of
major trees to prevent root cutting and mangling which may be caused by heavy
equipment.
- Cross sections may be required where trees are located
adjacent to roadways, new slopes or critical areas. In addition, a dimension
from the face of a tree to some critical point or line may be
required.
- Any condition imposed by a Planning Commission, the Zoning
Administrator, the Board of Zoning Appeals, the Subdivision Review Committee, or
the Board of Supervisors relating to grading in the vicinity of trees, is
incorporated into and made a part of the improvement standards. The consulting
engineer for the project shall verify in writing on a form to be provided by the
Director of Public Works that the grading has been completed as required by this
section and any conditions imposed by a Planning Commission, the Zoning
Administrator, the Board of Zoning Appeals, the Subdivision Review Committee, or
the Board of Supervisors. (SCC 480 § 1, 1981.)
19.12.170 Emergencies.
In case of emergency caused by the tree being in a hazardous
or dangerous condition, requiring immediate action for the safety of the
structures or human life, such tree may be removed by permission of the Director
of Public Works during normal working hours or the applicable fire district at
other times. (SCC 480 § 1, 1981.)
19.12.180 Fees.
The Board of Supervisors by resolution shall establish a fee
to cover the expenses of the application and appeal process. (SCC 480 § 1,
1981.)
19.12.190 Stop Work Order.
Whenever the Director of the Public Works Department, a
Planning Commission or the Board of Supervisors of the County determines that
any permit, or variance or any action being taken thereunder, or any action
under it without a permit, is in conflict with this ordinance or with the
standards established by the County or any department thereof, or ordinance,
regulation, or policy, it shall issue a stop work order which shall prohibit any
action thereunder. Such stop work order shall set forth the alleged violations
and may list remedies to be taken to correct the violations. The person
receiving such a stop work order shall report in writing to the officer, person
or body issuing the order within forty-eight (48) hours regarding the next steps
to be taken to correct the violations. Such stop work order may be extended to
provide an opportunity for a hearing being extended to the affected party.
During the period of such extension, the Planning Commission shall review the
matter as herein provided. A stop work order issued pursuant to this section may
be withdrawn by the Public Works Department or the officer who issued it upon a
finding that the circumstances giving rise to the order no longer exists. (SCC
480 § 1, 1981.)
19.12.200 Suspension, Revocation and Restoration.
In addition to or instead of the measures set forth in this
chapter, the Project Planning Commission or the Board of Supervisors may suspend
any permit subject to a public post-suspension hearing upon the finding that a
violation of conditions of approval has occurred.
Following the public hearing, if the County revokes the
permit or finds that a violation of conditions of approval has occurred, it may
require conditions of restoration. Said restoration shall include a requirement
to replace in-kind any oak tree(s) which have been removed without a permit.
Further, the replacement shall consist of specimen trees (no less than a
15-gallon size) having a total combined diameter equal to the total combined
diameter of the illegally removed tree(s). If the project site is not capable of
supporting all the required replacement trees, the violator shall pay to the
County a sum equivalent to the retail cost of the number of trees that cannot be
accommodated. These funds will be deposited in the Tree Preservation Fund
maintained by the County of Sacramento Administration and Finance Agency as set
forth in Section 19.12.240. (SCC 480 § 1, 1981.)
19.12.210 Violation a Misdemeanor and Nuisance.
Any violation of the provisions of this chapter is unlawful
and a public nuisance, and the fully constituted authorities of the County shall
immediately commence an action proceeding for the abatement and enjoinment
thereof and shall take other steps in the manner provided by law. The cost of
such abatement of the public nuisance shall become a lien on the property
pursuant to Government Code Section 25845.
A violation of this chapter is a misdemeanor and is
punishable by imprisonment in the County Jail for a period up to six (6) months
or by a fine of five hundred dollars ($500) or both. (SCC 480 § 1,
1981.)
19.12.220 Tree Preservation Fund.
A Tree Preservation Fund is established for Sacramento County
for the purposes specified in Section 19.12.200. The monies received in lieu of
replacement of illegally removed trees shall be forwarded to the County
Treasurer for deposit in the Tree Preservation Fund. Except as provided in this
section, under no circumstances shall the funds collected by the County
Treasurer for the Tree Preservation Fund be directed to any other fund to be
used for any other purposes other than for tree planting and preservation
programs and public education programs regarding trees. Tree Preservation Fund
monies may be directed by the Board of Supervisors to non-profit organizations
for the implementation of programs consistent with the purposes of the Tree
Preservation Fund. (SCC 0898 § 1, 1992; SCC 480 § 1, 1981.)
19.12.230 Cumulative Penalties.
The remedies provided for herein shall be cumulative and not
exclusive. (SCC 480 § 1, 1981.)
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