Clearlake City Zoning Code

18-40 NATIVE

TREE PROTECTION

18-40.010 Purpose.

a. The purpose of this article is to ensure the preservation and protection of resources that cannot be replaced while also balancing the needs of commerce, industry and the human population within the City. Trees are a valuable asset to make the City environment a healthier and more aesthetically appealing place to live. Given these recognized benefits and constraints, the intent and objectives of this article are to:

1. Protect and enhance the aesthetic qualities of the community provided by mature native trees;

2. Promote a healthy and attractive urban landscape as the community grows;

3. Limit the indiscriminate felling, removal and destruction of certain trees;

4. Require the replacement of certain trees that are removed, where appropriate; and

5. Promote the preservation of existing trees during development. (Ord. #271-2025, S2 (Exh. A))

18-40.020 Protected Trees.

a. A native tree removal permit shall be required for the following, unless exempted under Section 18-40.030:

1. Native oak trees with the following diameter at breast height (DBH):

(a) Blue Oak (Quercus douglasii) greater than six (6") inch DBH;

(b) Valley Oak (Quercus lobata) greater than six (6") inch DBH;

(d) California Black Oak (Quercus kelloggii) greater than six (6") inch DBH;

(e) Canyon Live Oak (Quercus chrysolepsis) greater than six (6") inch DBH;

(f) Oregon White Oak (Quercus garryana) greater than six (6") inch DBH.

2. Any other tree designated by the City Council as a “heritage tree” as described in Section 18-40.060. (Ord. #271-2025, S2 (Exh. A))

18-40.030 Exemption From Protection and Removal Regulations.

a. No protected trees meeting the standards in Section 18-40.020 may be removed until zoning clearance is granted pursuant to this article. In the following situations, protected trees may be removed without the need for planting replacement trees as described in Section 18-40.050(d), but are first required to obtain a zoning clearance:

1. The removal of dead or hopelessly diseased trees.

2. The removal of trees judged to be hazardous to life or property.

3. The removal of trees judged by a public utility company to be a hazard to the safety of high voltage power lines in accordance with Public Resources Code 4293.

4. The removal of trees that must be felled to accommodate public improvements by the City, County or public utility company.

5. The removal of trees that pose a fire safety hazard as certified by the Lake County Fire Protection District.

6. The removal of trees whose dripline falls within the footprint of a proposed single-family dwelling, garage and driveway on an existing lot where the trees cannot be reasonably avoided for construction.

7. The thinning of a stand of trees to improve the overall health of the stand. In this instance, the Planning and Community Development Director shall have discretion to approve which trees shall be removed.

b. An administrative use permit shall be issued for removal of a heritage tree meeting criteria in subsection (a)(6) of this section. (Ord. #271-2025, S2 (Exh. A))

18-40.040 Tree Protection Regulations.

a. Any disturbances including, but not limited to, the following, which might cause harm to a protected tree, are strictly prohibited within the root protection zone (RPZ) of that tree:

1. Removing, moving or failing to install and maintain proper temporary protection fencing in the vicinity of construction prior to completion of on-site work;

2. Trenching;

3. Any permanent or temporary structures; however, temporary structures not fixed to the ground shall be allowed as long as they will not compact the soil;

4. Grading, cutting, filling or changing the natural grade in any way;

5. Installation of an irrigation system;

6. Covering with any substance impermeable to air and rain water, such as asphalt, concrete, plastic, etc.; however, pervious surfacing such as pavers, gravel, pervious asphalt or other such materials may be used to within one-half (1/2) the distance from the dripline of the tree to the trunk;

7. Burning, open fires or open flames;

8. Compaction of the soil;

9. Girdling; and/or

10. Topping. (Ord. #271-2025, S2 (Exh. A))

18-40.050 Removal Regulations.

a. Removal Criteria. Unless exempt under Section 18-40.030, no heritage tree shall be approved for removal unless first declassified in accordance with Section 18-40.030(b). Native tree removal permits may be issued for all other protected trees meeting the following criteria unless a waiver is granted for a parking reduction in accordance with subsection (b) of this section:

1. Protected trees that cannot be avoided and associated with residential or nonresidential construction, remodels, renovations, expansions or grading that does not meet exemption criteria.

2. Installation of temporary structures such as above-ground pools, sheds or other structures that are not fixed to the ground.

3. A tree removal permit shall not be granted prior to the granting of all other permits required for the project in question.

b. Waiver of Parking Spaces. At the discretion of the Director, the number of required parking spaces for commercial development may be reduced by up to two (2) parking spaces per protected tree that is retained within a proposed parking lot.

c. Removal of Slash and Felled Trees. All slash, downed trees or tree scraps except for wood that is cut, stacked and stored for firewood shall be chipped, burned or removed from the property by the permittee within forty-five (45) days following the felling of any tree. Should debris be burned, the permittee shall first obtain a burn permit from the Lake County Fire Protection District and comply with all burning regulations. Exceptions to this subsection may be approved by the Director should extenuating circumstances exist that delay the clean-up of the debris.

1. For each protected tree felled and/or removed, two (2) replacement trees shall be planted for the first ten (10") inches DBH of tree removed and one (1) tree for each additional two (2") inches of DBH of the protected tree felled. The replacement trees shall be of the same species type as that of the removed tree and shall be planted by the permittee within twelve (12) months of issuance of the removal permit. Replacement saplings shall be a minimum of a five (5) gallon sapling. All required replacement trees shall be maintained or replaced if needed, until they are established. Should the site not contain appropriate habitat to allow for the success of same-species replacement, the Director may authorize all or partial on-site replacement of a different species from among the list of protected trees.

2. Where replacement trees cannot be reasonably accommodated on site, replacement trees shall be planted off-site at a ratio of four (4) replacement trees for the first six (6") inches of DBH of the protected tree felled and/or removed and one (1) tree for each additional inch of DBH of the protected tree felled. Maintenance of replacement trees shall be as required for subsection (d)(1) of this section.

3. Off-site replacement may be on other property owned by the applicant or on public property, in locations to be determined by the City. All off-site replanting requests shall be submitted to the Director or his/her designee at the time of the tree removal permit application.

4. For off-site replacement on public property, the applicant shall contribute to a fund established by the City to replant and maintain the trees. The fee shall be established by the City Council and shall be equivalent to the estimated cost to purchase, replant and maintain the trees until established.

5. A tree replacement plan shall be submitted with all applications for a native tree removal permit where the applicant is proposing to undertake the replanting. The plan shall be reviewed and approved by the Community Development Department prior to issuance of a permit. The plan shall depict the proposed location and manner of tree replacement, consistent with the above requirements.

e. Security. Security shall be provided to the City guaranteeing the maintenance of the replacement trees for a period not less than five (5) years to minimize loss. The security shall be relinquished when it is determined the trees are established.

f. Inspections. The Community Development Department may make inspections at any time during which the security is in effect to verify that the replacement trees are being maintained according to the terms of the permit. (Ord. #271-2025, S2 (Exh. A))

18-40.060 Heritage Trees.

1. A tree owner may submit an application to the City requesting that the City Council establish by resolution the designation of a tree or group of trees located on his or her property as a heritage tree(s). Applications shall be submitted on a form supplied by the City. The Council may also, on its own motion, commence the process of designating a heritage tree. The City shall notify the owner of the proposed heritage tree(s) by mail twenty (20) days prior to the meeting to consider the application. Once an application has been submitted and prior to Council action, the tree or trees shall be afforded the same level of statutory protection as a designated heritage tree.

2. In order to designate a tree as a heritage tree, the City Council must find that the tree is a significantly beneficial feature of the community because it possesses one (1) or more of the following attributes:

(a) The tree is an outstanding specimen of a desirable species;

(b) The tree is one of the largest or oldest trees in Clearlake;

(d) The tree is of distinctive appearance.

b. Declassification of Heritage Trees. An owner of a heritage tree may submit an application to the City requesting that the City Council declassify by resolution a tree or group of trees previously designated as a heritage tree(s). The Council may also, on its own motion, commence the process of declassifying a heritage tree. The City shall notify the owner of the heritage tree(s) twenty (20) days prior to the Council meeting scheduled for the proposed action.

The Council may declassify a heritage tree upon a finding that the tree(s) is no longer a significant community benefit because:

1. It has deteriorated in health or appearance;

2. It no longer has habitat value; or

3. It prevents reasonable use of the property. (Ord. #271-2025, S2 (Exh. A))

18-40.070 Penalty.

a. It is unlawful for any person to commit an act which is prohibited by this article. Any violation of this article shall constitute a misdemeanor; provided, however, the City Attorney or prosecuting attorney shall have the discretion to deem a violation of this article as an infraction in accordance with Section 1-5.

b. Any person found guilty of violating this article shall be fully responsible for all costs arising from or relating to enforcement, investigation and legal costs associated with an infraction or misdemeanor. Each tree removed or damaged in violation of this article shall constitute a separate violation.

c. The felling, removal or damage of a tree in violation of this article shall be punishable by a fine of one thousand ($1,000.00) dollars.

d. Any person who causes a tree to be removed or damaged in violation of this article shall repair or replace any such tree at the violator’s expense pursuant to double the ratio of the tree replacement requirements set forth in Section 18-40.050(d). The location, species and planting specifications for replacement trees shall be approved by the Director prior to replanting. (Ord. #271-2025, S2 (Exh. A))