Article 816-2.2 General

Article 816-4.2. General

Article 816-6.2. Title and Purpose

All land within a land use district combined with a tree obstruction of views (-TOV) combining district is subject to the provisions of this chapter.

(Ord. No. 2024-21, § II, 11-12-24)

The purposes of this chapter are to establish the right of a property owner to seek the restoration of views and sunlight that existed when the property owner purchased their property, and to establish a process by which property owners may seek restoration of these views and sunlight when they are unreasonably obstructed by the growth of trees on another property. This chapter establishes factors to be considered in determining appropriate actions to restore views or sunlight. This chapter acknowledges that trees and views, and the benefits derived from each, may come into conflict. This chapter provides a method for resolving these conflicts so as to provide a reasonable balance between tree-related values and view-related values.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2024-21, § II, 11-12-24)

The objectives of, and the justification for, this chapter are to:

(1)

Preserve and promote the aesthetic benefits provided by trees, views of surrounding locale, and access to light.

(2)

Preserve and promote the beneficial use and enjoyment of privately owned land within the county.

(3)

Preserve, maintain, and enhance property values within the county.

(4)

Discourage the planting of tree species and maintenance of trees in a manner that may provide excessive shade and unduly diminish desirable views.

(Ord. No. 2024-21, § II, 11-12-24)

For purposes of this chapter, the following terms have the following meanings:

"Arborist" means:

(1)

A certified arborist who is certified by the International Society of Arboriculture; or

(2)

A consulting arborist who is listed as a member of the American Society of Consulting Arborists.

"Arborist's report" means a written report prepared by an arborist that evaluates the feasibility and impact of a proposed restorative action or actions.

"Claimant" means any owner of real property who believes in good faith that the growth, maintenance, or location of one or more trees situated on the property of another diminishes the beneficial use, economic value, or enjoyment of the claimant's property, and who files a view claim under this chapter.

"Obstruction" means any blocking or diminishing of a view or sunlight by tree growth, maintenance, or location.

"Thinning" means the selective removal of entire branches from a tree so as to improve visibility through the tree or improve the tree's structural condition.

"Topping" means the removal of the upper portion of a tree's trunk or primary leader.

"Tree" means a live woody plant with a single perennial stem or multiple perennial stems.

"Tree owner" means the owner of real property where one or more trees that form the basis for a view claim filed under this chapter are situated.

"Tree removal" means the destruction and removal of any tree by cutting. Tree removal need not include removal of the tree stump or roots, but any remaining portion of the tree may not exceed three feet above grade.

"Trimming" means the selective removal of portions of branches from a tree to modify the tree's form, shape, or profile, or improve the tree's appearance.

"View" means a range of sight including pleasing vistas or scenes from the primary living areas of a residence or from an exterior deck attached to a residence. The term "view" includes both up-slope and down-slope vistas or scenes, but is distant or panoramic range in nature, as opposed to short range. Views include but are not limited to vistas or scenes of skylines, bridges, distant cities, distinctive geologic features, hillside terrain, wooded canyons, ridges, and bodies of water.

"View claim" means a claimant's verified written basis for arbitration or court action under this chapter.

"Windowing" means the creation of a limited horizontal viewing plane through the head of a tree or trees.

(Ord. No. 2024-21, § II, 11-12-24)

Article 816-2.4 Standards

This article establishes standards for resolving view claim disputes.

(Ord. No. 2024-21, § II, 11-12-24)

A claimant has the right to seek restoration of views or sunlight that existed on the claimant's property when the claimant acquired the property, where the views or sunlight have been unreasonably obstructed by the growth of trees on another property. A claimant has no right to a view greater than that which existed when the claimant acquired the property. A claimant shall provide evidence to prove the extent of the original view and right.

(Ord. No. 2024-21, § II, 11-12-24)

The character of a view is determined by evaluating the following:

(1)

The vantage point(s) from which the view is obtained.

(2)

The existence of landmarks or other unique features in the view.

(3)

The extent to which the view is diminished by factors other than the tree(s) involved in the claim.

(Ord. No. 2024-21, § II, 11-12-24)

The character of the view obstruction is determined by evaluating the following:

(1)

The extent of the alleged view obstruction expressed as a percentage of the total view, as calculated by means of a surveyor's transit or photography or both.

(2)

The extent to which landmarks or other unique features in the view are obstructed.

(Ord. No. 2024-21, § II, 11-12-24)

The extent of benefits and burdens derived from the alleged view obstruction is determined by considering the contribution of the tree(s) to the following factors:

(1)

Visual screening.

(2)

Wildlife habitat.

(3)

Soil stability, as measured by soil structure, degree of slope, and the extent of the tree root system.

(4)

Energy conservation and climate control.

(5)

Interference in efficient operations of a claimant's solar energy systems.

(6)

Effects on neighboring vegetation.

(7)

Visual quality of the tree(s), including but not limited to species characteristics, size, form, texture, color, vigor, and location.

(8)

The economic value of the tree(s), as measured by criteria developed by the American Society of Landscape Architects.

(9)

Other tree-related factors, including but not limited to indigenous tree species, specimen tree quality, rare tree species, tree flammability, tree health, and historical value.

(Ord. No. 2024-21, § II, 11-12-24)

A restorative action is evaluated based on the standards of this article and by considering the following:

(1)

The effectiveness of the restorative action in reducing the view obstruction.

(2)

Any adverse impact of the restorative action on the benefits derived from the tree(s) in question.

(3)

The structural and biological effects of the restorative action on the tree(s) in question.

(4)

The cost of the restorative action, as determined by consultation with licensed landscape architects.

(Ord. No. 2024-21, § II, 11-12-24)

Restorative actions are limited to the following:

(1)

Trimming.

(2)

Thinning.

(3)

Windowing.

(4)

Topping.

(5)

Tree removal with necessary replacement planting.

(6)

Ongoing tree maintenance if necessary to preserve views or sunlight.

(7)

No action.

(Ord. No. 2024-21, § II, 11-12-24)

All restorative actions must be undertaken subject to all of the following:

(1)

Restorative actions must be consistent with all applicable statutes, ordinances, and regulations. A restorative action involving a protected tree must comply with Chapter 816-6, the County Tree Protection and Preservation Ordinance.

(2)

Where possible, restorative actions are limited to the trimming or thinning of branches, but when trimming or thinning is not a feasible solution, windowing is the preferable solution.

(3)

Topping may be considered only if thinning, trimming, or windowing of branches is not a feasible solution.

(4)

Tree removal may only be considered when all other restorative actions are judged to be ineffective. Tree removal must be accompanied by replacement plantings of appropriate plant material necessary to restore the maximum level of benefits lost due to tree removal. Replacement plantings can be required on the tree owner's or the claimant's property. If tree removal will eliminate or significantly reduce the tree owner's benefits of shading, visual screening, or privacy, replacement screen plantings shall, at the tree owner's option, be established before tree removal occurs.

(5)

A tree owner may choose tree removal with replacement plantings as an alternative to trimming, thinning, windowing, or topping.

(6)

All trimming, thinning, windowing, topping, or removal required under this chapter must be performed by a qualified tree trimmer or as approved by the tree arbitration board.

(7)

A tree arbitration board may require ongoing tree maintenance if necessary to preserve views or sunlight determined to exist when the claimant purchased their property.

(Ord. No. 2024-21, § II, 11-12-24)

Article 816-2.6 Procedures

If a claimant believes in good faith that the growth, maintenance, or location of one or more trees situated on the property of another diminishes the beneficial use or economic value of, or sunlight or enjoyment of views naturally accruing to, the claimant's property, the claimant shall notify the tree owner in writing of those concerns. When a claimant notifies a tree owner of those concerns, the claimant should also attempt to discuss those concerns in person with the tree owner, if possible, to enable the claimant and the tree owner to attempt to reach a mutually agreeable solution to the alleged view obstruction, including a mutual agreement on costs related to any restorative actions or replacement plantings, in accordance with the provisions of this chapter. If the claimant is seeking to establish a view that did not exist when the claimant acquired the property, and if the tree owner agrees to actions not required by this chapter, the claimant should expect to pay all costs of the actions unless the parties agree on a different allocation of costs for the agreed upon actions. Except as otherwise provided in this section, claims related to the establishment of a view that did not exist when the claimant acquired the property are not governed by this chapter and are not reviewable by a tree arbitration board.

(Ord. No. 2024-21, § II, 11-12-24)

(a)

If the initial reconciliation attempt is unsuccessful, the claimant may propose mediation by serving on the tree owner a written request for mediation. Acceptance of mediation is voluntary, but the tree owner has no more than thirty days after being served with a written request for mediation to accept or reject the offer of mediation, unless otherwise extended by the claimant. If mediation is accepted, the parties shall mutually agree upon a mediator within ten days after mediation is accepted.

(b)

It is recommended that the services of a professionally trained mediator or mediation service be employed. The Department of Conservation and Development will provide, upon request, a list of mediators and mediation services, accompanied by their qualifications, that the parties may review and consider for selection. The fee for mediation services will be determined by the mediator and the parties. The mediator will not have the power to issue binding orders for restorative action but must strive to enable the parties to resolve their dispute at this stage by reaching a mutually agreeable solution to the alleged view obstruction, including a mutual agreement on costs related to any restorative actions or replacement plantings, in accordance with the provisions of this chapter, thereby eliminating the need for binding arbitration, a fact-finding and advisory decision, or litigation.

(Ord. No. 2024-21, § II, 11-12-24)

(a)

The Board of Supervisors may establish or designate one or more tree arbitration boards.

(b)

If the parties are unable to reach agreement through the initial reconciliation process or with the assistance of a mediator, either the claimant or the tree owner may offer in writing to the other party to submit the dispute to binding arbitration before a tree arbitration board. The initiating party shall serve on the other party by personal service or certified mail, return receipt requested, an agreement executed by the initiating party to submit the dispute to binding arbitration. If the non-initiating party concurs, the non- initiating party shall execute the agreement within thirty days after service. Failure to execute the agreement within thirty days after service is a rejection of binding arbitration.

(c)

If the agreement is accepted, the initiating party shall submit a view claim to the Department of Conservation and Development. The filing fee for a view claim will be established by the Board of Supervisors. The initiating party and non-initiating party shall each pay fifty percent of the filing fee, unless the parties agree on a different allocation of filing fee costs. An arborist's report must be submitted with the view claim.

(d)

A view claim must clearly establish all of the following:

(1)

The precise nature and extent of the alleged view obstruction and the manner in which it diminishes the beneficial use, economic value, or enjoyment of the claimant's property, including all pertinent corroborating evidence available.

(2)

The exact location of all trees alleged to cause a view obstruction, the address of the property upon which the trees are located, and the present tree owner's name and address. This requirement may be satisfied by including the tree location, property address, and tree owner information on a valid property survey or plot plan submitted with the view claim.

(3)

Any mitigating actions proposed by the parties involved to resolve the alleged view claim.

(4)

A showing that personal communication between the claimant and the tree owner to resolve the alleged view obstruction as set forth in this chapter failed. The claimant must provide physical evidence that written attempts at reconciliation were made. This evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence to the tree owner.

(e)

The tree arbitration board will review the view claim at a noticed public meeting. At least ten days before the arbitration meeting, notice will be mailed to the affected parties and to the owners of any property within a radius of three hundred feet of the boundaries of the property where the trees are located.

(f)

The arbitration proceeding will be based on available evidence and testimony. Either party to the action may be represented by an arborist or present an arborist's report to the tree arbitration board. The tree arbitration board may recommend the services of other experts to the parties. Each party may present witnesses and question witnesses presented by the other party.

(g)

The tree arbitration board will issue a written decision to the parties. The decision will include the tree arbitration board's findings with respect to the standards listed in Article 816-2.4, required restorative actions, and an allocation of all costs. The physical implementation of a mandated restorative action must begin within ninety days after the arbitration decision is issued and must be completed within one hundred eighty days after the arbitration decision is issued, unless otherwise specified in the decision. If a mandated restorative action will require a permit pursuant to Chapter 816-6, the County Tree Protection and Preservation Ordinance, the arbitration decision will specify appropriate time limits for obtaining the permit and for beginning and completing the restorative action.

(h)

The decision of the tree arbitration board is final and binding and enforceable under Code of Civil Procedure Section 1280 et seq. The Department of Conservation and Development will record in the County Recorder's office any final decision of the tree arbitration board that provides for limitations on the property of a tree owner.

(Ord. No. 2024-21, § II, 11-12-24)

(a)

If the parties are unable to reach agreement through the initial reconciliation process or with the assistance of a mediator, or do not agree to binding arbitration, the claimant or the tree owner may elect fact-finding and an advisory decision of the tree arbitration board.

(b)

To begin the fact-finding and advisory decision process, the initiating party must submit a view claim and pay the filing fee to the Department of Conservation and Development. The view claim must establish all of the items specified in section 816-2.606(d). An arborist's report must be submitted with the view claim.

(c)

The tree arbitration board is the fact-finding board and will render an advisory decision to the parties. The tree arbitration board will review the view claim at a noticed public meeting. At least ten days before the meeting, notice will be mailed to the affected parties and to the owners of any property within a radius of three hundred feet of the boundaries of the property where the trees are located.

(d)

The proceeding will be based on available evidence and testimony. Either party to the action may be represented by an arborist or present an arborist's written report to the tree arbitration board. The tree arbitration board may recommend the services of other experts to the parties. Each party may present witnesses and question witnesses presented by the other party.

(e)

The proceeding need not be postponed if any party refuses permission to inspect the premises, refuses to participate in the proceeding, or fails to produce evidence.

(f)

The tree arbitration board will issue a written advisory decision to the parties. The decision will include the tree arbitration board's factual findings with respect to the standards listed in Article 816-2.4, recommended restorative actions, and a recommended allocation of all costs.

(g)

If litigation is required to enforce the decision of the tree arbitration board, there is a rebuttable presumption in favor of the tree arbitration board's decision. The party bringing any private civil action under this chapter must promptly notify the Department of Conservation and Development in writing of the action.

(Ord. No. 2024-21, § II, 11-12-24)

If the initial reconciliation process or mediation fails to resolve the view claim, and if the parties do not choose binding arbitration, the claimant may pursue civil legal action.

(Ord. No. 2024-21, § II, 11-12-24)

Article 816-2.8 Liability and Enforcement

The issuance of a decision by the tree arbitration board does not establish any public use or access not already in existence with regard to the property for which the decision is issued, and does not create any liability for the county or any other public agency or entity with regard to any restorative actions or replacement plantings to be performed.

(Ord. No. 2024-21, § II, 11-12-24)

(a)

Violations of this chapter are not misdemeanors or infractions. Enforcement of this chapter is by the involved private parties. A claimant may seek to enforce any restorative action mandated pursuant to this chapter through ordinary legal proceedings.

(b)

This chapter does not preclude any person from separately enforcing, if applicable, the provisions of the Solar Shade Control Act, Public Resources Code sections 25980 through 25986.

(Ord. No. 2024-21, § II, 11-12-24)

All land within Contra Costa County shall be subject to the provisions in this chapter.

(Ord. 88-83).

(a)

Among the features that contribute to the attractiveness and livability of the county are its heritage trees growing as single specimens, in clusters or in woodland situations. These trees have significant psychological and tangible benefits for both residents of and visitors to the county.

(b)

Heritage trees contribute to the visual framework of the county by providing scale, color, silhouette and mass. Heritage trees contribute to the climate of the county by providing shade, moisture and wind control. Heritage trees contribute to the protection of other natural resources by providing erosion control for the soil, oxygen for the air, replenishment of groundwater, and habitat for wildlife. Heritage trees contribute to the economy of the county by sustaining property values and reducing the cost of drainage systems for surface water. Heritage trees provide landmarks of the county's history, and a critical element of nature in the midst of urban settlement.

(c)

For all these reasons, it is in the interest of the public health, safety and welfare of the county to regulate the removal of heritage trees, to require adequate protection of trees during construction, and to promote the appreciation and understanding of heritage trees.

(Ord. 88-83).

(a)

The community development department, after consulting with and considering the recommendations of the building inspection, public works and agriculture department, may from time to time propose to the board of supervisors regulations to establish procedures to implement this chapter and to make more specific the standards and guidelines prescribed in this chapter. Such regulations as are approved by resolution of the board of supervisors shall have the force and effect of law unless otherwise indicated.

(b)

Regulations may be promulgated to set forth criteria for granting and denying destruction permits and, among other things, to govern the marking of heritage trees and the prevention of excessive pruning.

(Ord. 88-83).

All departments engaged in decisions regarding heritage trees may utilize such qualified arboricultural expertise as is required to implement this chapter in accordance with their current budget accounts.

(Ord. 88-83).

Article 816-4.4. Definition and Designation

"Heritage tree" means:

(1)

A tree seventy-two inches or more in circumference measured four and one-half feet above the natural grade; or

(2)

Any tree or a group of trees particularly worthy of protection, and specifically designated as a heritage tree by the board of supervisors pursuant to the provisions of this chapter, because of:

(A)

Having historical or ecological interest or significance, or

(B)

Being dependent upon each other for health or survival, or

(C)

Being considered an outstanding specimen of its species as to such factors as location, size, age, rarity, shape, or health.

(Ord. 88-83).

(a)

The county or regional planning commission for its territorial area of jurisdiction shall receive nominations through the county community development department from any person for the registration of heritage trees on any property. When any property's owner has not joined with or consented to a nomination, that owner shall be provided timely notice of the date and time at which the planning commission and/or board will consider the nomination.

(b)

If the planning commission approves the nominated trees, this decision shall be forwarded to the board for its consideration. If the board approves the heritage tree designation as recommended, then the tree shall be officially registered by resolution and thereafter a permit shall be required for its removal.

(c)

If the planning commission does not approve a heritage tree nomination, its decision is final unless appealed to the board pursuant to and otherwise regulated by the special permit provisions of Chapter 26-2.

(d)

The planning commission or board in designating a heritage tree shall consider the criteria of Section 816-4.402.

(e)

All designated heritage trees shall be appropriately marked with the permission of involved property owners so as to provide continuing notice to the public of heritage tree status.

(f)

A nomination fee of one hundred dollars shall be imposed per application. An appeal fee of fifty dollars per appeal shall be assessed.

(Ord. 88-83).

Article 816-4.6. Destruction or Removal

Except as provided in this chapter, no person shall destroy or remove any designated heritage tree unless a permit has been obtained therefor. This chapter does not require a permit for nor prevent trimming, pruning, or maintenance of a heritage tree where such does not result in destruction nor substantially change the tree's form or shape.

(Ord. 88-83).

In case of an emergency caused by any designated heritage tree being in a hazardous or dangerous condition requiring immediate action for the safety of structures or human life, such tree may be removed with the permission of the zoning administrator or building inspector if designated by the zoning administrator, without formal application. The zoning administrator may request certification from a tree expert as to the immediate need for action if the need is not clearly apparent.

(Ord. 88-83).

Article 816-4.8. Preservation

When proposed developments or construction encroach into the drip line or a radius of twelve feet from the trunk of any designated heritage tree, whichever is greater, special construction to allow the roots to breathe, obtain water and nutrients shall be required, as determined necessary by the building inspection department to minimize damage to such tree visible above ground level. Excavation, cuts, fills or compaction of the existing ground surface within the drip line or a radius of twelve feet from the trunk of a designated heritage tree, whichever is greater, shall minimize such damage to the root system so as to result in least damage to such tree. Permission is required prior to back filling. Tree wells may be used where approved by the building inspection department. The cost of required pruning or other treatment to compensate for root damage and/or cost of removal shall be at the expense of the involved developer and/or contractor but may be shared by the owner. Such pruning as is done shall not cause permanent injury or destroy any designated heritage tree.

(Ord. 88-83).

No person shall store or dump any oil, gas, or chemicals that may be harmful to trees, nor place heavy construction machinery or construction materials in the open within the drip line of any designated heritage tree or within a radius of twelve feet from the trunk of such tree, whichever is greater.

(Ord. 88-83).

Burning of any material within or near the drip line of any designated heritage tree shall not be done where such will injure the tree.

(Ord. 88-83).

No person shall attach any wire (except as needed for support) or sign (other than approved tree identification signs) to any heritage tree where such wire or sign may damage such designated heritage tree.

(Ord. 88-83).

The contractor, developer or owner or any agent thereof shall notify the building inspection department without undue delay of any damage that occurs to any heritage tree during construction. The cost of repair of the damage or tree replacement shall be at the expense of the responsible party and the repair work done according to standards approved by the building inspection department.

(Ord. 88-83).

Article 816-4.10. Permits

(a)

Any application for a permit to destroy, cut down or remove a designated heritage tree shall be submitted to the community development department by the owner or the owner's authorized agent (satisfactory evidence of such authorization to be submitted with the application) on the form provided by the community development department together with any specified fee.

(b)

The application shall contain the location, number, species, size, and heritage designation of the tree to be destroyed, cut down or removed and a statement of reasons for the proposed action, together with such other information as may be required by the community development department.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 88-83).

Before issuing a permit, the zoning administrator shall have inspected or cause to be inspected, the property, the heritage tree that is the subject of the permit, and the surrounding area. A permit shall be granted, modified, conditioned, or denied based upon the following factors:

(1)

The health, damage, danger of falling of the designated heritage tree that is the subject of the permit and whether said heritage tree acts as a host for plants or animals parasitic to other trees which are endangered thereby.

(2)

The presence of public nuisance factors, and the proximity to or interference with utilities, or interference with existing buildings to the extent that a tree or trees cannot be trimmed or buttressed to fit the site.

(3)

The prevention of development as a result of heritage tree protection and preservation.

(4)

The pursuit of good professional practices of forestry or landscape design.

(Ord. 88-83).

The zoning administrator's decision on the permit application is final unless appealed to the planning commission having territorial jurisdiction pursuant to and otherwise regulated by the special permit provisions of Chapter 26-2.

(Ord. 88-83).

(a)

An application for a permit to destroy, cut down or remove any designated heritage tree in connection with any development, shall be submitted and combined with the initial application for approval of the development and shall be considered together with the review and decision on the development.

(b)

The proposed development shall indicate on its plan all trees designated as heritage trees. The heritage trees shall be evaluated and their individual treatment considered with respect to the land use and proposed development.

(c)

The involved planning agency division may grant, grant with modifications or conditions, or deny the requested heritage tree application.

(d)

Any appeal of a decision made by a planning agency division on the requested heritage tree application shall be made in the same manner and subject to the same procedure as a decision on the involved combined planning or subdivision entitlement for the development.

(Ord. 88-83).

In the case of any conflict between the provisions of this chapter and those of Chapter 816-2, the provisions of this Chapter 816-4 shall prevail.

(Ord. 88-83).

This chapter shall be known as the "tree protection and preservation ordinance" of Contra Costa County.

(Ords. 94-59, 94-22).

This chapter provides for the preservation of certain protected trees in the unincorporated area of this county. In addition, this chapter provides for the protection of trees on private property by controlling tree removal while allowing for reasonable enjoyment of private property rights and property development for the following reasons:

(1)

The county finds it necessary to preserve trees on private property in the interest of the public health, safety and welfare and to preserve scenic beauty.

(2)

Trees provide soil stability, improve drainage conditions, provide habitat for wildlife and provide aesthetic beauty and screening for privacy.

(3)

Trees are a vital part of a visually pleasing, healthy environment for the unincorporated area of this county.

(Ords. 94-59, 94-22).

This chapter's requirements are intended to be in addition to those otherwise required by this code. In the case of any conflicts, the director shall determine the requirements applicable and the director's decision shall be final in the absence of a timely filed appeal pursuant to Chapter 26-2.

(Ords. 94-59, 94-22).

Article 816-6.4. Definitions

The definitions in this article govern the construction of this chapter, unless the context otherwise requires.

(Ords. 94-59, 94-22).

"Arborist" means a person currently certified by the Western Chapter of the International Society of Arboriculture, as an expert on the care of woody trees, shrubs and vines in the landscape, a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists or such other arborist who, after review by the director, is determined to meet the standards established for certified or consulting arborists hereinabove described.

(Ords. 94-59, 94-22).

An arborist report is a report prepared by an arborist on:

(1)

The possible impact of development on trees or existing tree condition;

(2)

The impact of any alteration; and/or

(3)

Restorative or other remedial action that might be feasible to address tree alterations.

(Ords. 94-59, 94-22).

"Department" means the community development department.

(Ords. 94-59, 94-22).

"Development" means any modification of land for human use from its existing state which requires a discretionary entitlement for its establishment or a building and/or grading permit involving a protected tree or trees.

(Ords. 94-59, 94-22).

A development application is an application for development (as defined in this article) requiring either ministerial or discretionary approvals including design review, use permits, subdivisions, rezoning applications, building and/or grading permits.

(Ords. 94-59, 94-22).

"Director" means the director of community development or the director's designee.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 94-59, 94-22).

Riparian vegetation is found along creeks and streams. Runoff streams that only carry runoff during the rain seasons in this area are known to support significant riparian vegetation.

(Ords. 94-59, 94-22).

"Routine pruning" means the removal of dead or dying, diseased, weak or objectionable branches of a tree in a reasonable and scientific manner which does not structurally harm the tree.

(Ords. 94-59, 94-22).

"Topping" is the removal of the upper twenty-five percent or more of a tree's trunk(s) or primary leader.

(Ords. 94-59, 94-22).

"Tree" means a large woody perennial plant with one or more trunks, branches and leaves, not including shrubs shaped to tree forms.

(Ords. 94-59, 94-22).

"Tree removal" means the destruction of any protected tree by cutting, regrading, girdling, interfering with water supply, applying chemicals or by other means.

(Ords. 94-59, 94-22).

"Undeveloped property" is:

(1)

A parcel of private land which is vacant or a developed parcel which has remaining development potential;

(2)

A parcel of land which can be further divided in accordance with zoning regulations of the county;

(3)

A parcel of land on which the structures are proposed to be demolished or relocated.

(Ords. 94-59, 94-22).

Article 816-6.6. Protected Trees

No person shall trench, grade or fill within the dripline of any protected tree or cut down, destroy, trim by topping or remove any protected tree on private property within the county without a tree permit, except as provided for in Section 816-4.1002.

(Ords. 94-59, 94-22).

A protected tree is any one of the following:

(1)

On all properties within the unincorporated area of the county:

(A)

Where the tree to be cut down, destroyed or trimmed by topping is adjacent to or part of a riparian, foothill woodland or oak savanna area, or part of a stand of four or more trees, measures twenty inches or larger in circumference (approximately 6.5 inches in diameter) as measured four and one-half feet from ground level, and is included in the following list of indigenous trees: Acer macrophyllum (Bigleaf Maple), Acer negundo (Box Elder), Aesculus califonica (California Buckeye), Alnus Rhombifolia (White Alder), Arbutus menziesii (Madrone), Heteromeles arbutifolia (Toyon), Juglans Hindsii (California Black Walnut), Juniperus californica (California Juniper), Lithocarpus densiflora (Tanoak or Tanbark Oak), Pinus attenuata (Knobcone Pine), Pinus sabiniana (Digger Pine), Platanus Racemosa (California Sycamore), Populus fremontii (Fremont Cottonwood), Populus trichocarpa (Black Cottonwood), Quercus agrifolia (California or Coast Live Oak), Quercus chrysolepis (Canyon Live Oak), Quercus douglasii (Blue Oak), Quercus kelloggii (California Black Oak), Quercus lobata (Valley Oak), Quercus wislizenii (Interior Live Oak), Salix lasiandra (Yellow Willow), Salix laevigata (Red Willow), Salix lasiolepis (Arroyo Willow), Sambucus callicarpa (Coast Red Elderberry), Sequoia sempervirens (Coast Redwood), Umbellularia californica (California Bay or Laurel);

(B)

Any tree shown to be preserved on an approved tentative map, development or site plan or required to be retained as a condition of approval;

(C)

Any tree required to be planted as a replacement for an unlawfully removed tree.

(2)

On any of the properties specified in subsection (3) of this section:

(A)

Any tree measuring twenty inches or larger in circumference (approximately six and one-half inches diameter), measured four and one-half feet from ground level including the oak trees listed above;

(B)

Any multistemmed tree with the sum of the circumferences measuring forty inches or larger, measured four and one-half feet from ground level;

(C)

And any significant grouping of trees, including groves of four or more trees.

(3)

Specified properties referred to in subsection (2) of this section includes:

(A)

Any developed property within any commercial, professional office or industrial district;

(B)

Any undeveloped property within any district;

(C)

Any area designated on the general plan for recreational purposes or open space;

(D)

Any area designated in the county general plan open space element as visually significant riparian or ridge line vegetation and where the tree is adjacent to or part of a riparian, foothill woodland or oak savanna area.

(Ords. 94-59, 94-22).

Article 816-6.8. Applications

Any person proposing to trench, grade or fill within the dripline of any protected tree or cut down, destroy, trim by topping or remove any protected tree shall apply to the department for a tree permit, not less than ten days prior to the proposed tree removal or tree alterations.

Persons who would be eligible to apply for three or more individual tree permits under provisions of this chapter may apply for a collective tree permit for the site.

(Ords. 94-59, 94-22).

In addition to any other applicable requirements of this code and county ordinances, the application shall include the following information and items:

(1)

The number, size (including height and diameter measured four and one-half feet above ground), species, location, dripline and condition of each tree proposed to be altered or removed;

(2)

The reason(s) for alteration or removal;

(3)

A plot plan showing the approximate location of all trees on the site, including those proposed to remain;

(4)

Proposed method of tree alteration or removal;

(5)

Information indicating the effect of tree alteration or removal on soil stability and erosion if located on a steep slope or near any creek;

(6)

The signature of the property owner or if the permit is requested by someone other than the owner, a written authorization from the owner;

(7)

Photographs of the tree/s to be affected by grading or trenching, topping or removal;

(8)

A list and set of stamped envelopes addressed to adjacent property owners and other individuals and organizations as may otherwise be indicated by the director of community development. Such envelopes, with no return address, shall be required for notification of the tentative decision to grant a tree permit;

(9)

Additional information as may be required by the county upon review of the above information;

(10)

Application and permit fees.

(Ords. 94-59, 94-22).

Prior to making a decision, the director or the director's designee shall review the application using the criteria and factors specified in this article. Application review may include a site visit.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 94-59, 94-22).

If the reasons for alteration or removal relate to the health of the tree or if grading, trenching or filling is proposed under the dripline of an existing tree, or the review is of a collective tree permit and the director determines that more technical expertise is necessary to make the decision, a report prepared by an arborist may be required, to be paid for by the applicant.

(Ords. 94-59, 94-22).

In granting or denying the tree permit the following factors shall be considered:

(1)

General.

(A)

The proximity and number of other trees in the vicinity;

(B)

The relationship of the subject property to general plan open space or open space plans and policies.

(2)

For Approval.

(A)

The arborist report indicates that the tree is in poor health and cannot be saved;

(B)

The tree is a public nuisance and is causing damage to public utilities or streets and sidewalks that cannot be mitigated by some other means (such as root barriers etc.);

(C)

The tree is in danger of falling and cannot be saved by some other means (such as pruning);

(D)

The tree is damaging existing private improvements on the lot such as a building foundation, walls, patios, decks, roofs, retaining walls, etc.;

(E)

The tree is a species known to be highly combustible and is determined to be a fire hazard;

(F)

The proposed tree species or the form of the tree does not merit saving (i.e., a tree stunted in growth, poorly formed, etc.);

(G)

Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonably accommodated on another area of the lot;

(H)

The tree is a species known to develop weaknesses that affect the health of the tree or the safety of people and property. These species characteristics include but are not limited to short lived, weak wooded and subject to limb breakage, shallow rooted and subject to toppling.

(I)

Where the arborist or forester report has been required, and the director is satisfied that the issuance of a permit will not negatively affect the sustainability of the resource.

(3)

For Denial.

(A)

The applicant seeks permission for the alteration or removal of a healthy tree that can be avoided by reasonable redesign of the site plan prior to project approval (for nondiscretionary permits);

(B)

It is reasonably likely that alteration or removal of the tree will cause problems with drainage, erosion control, land stability, windscreen, visual screening, and/or privacy and said problems cannot be mitigated as part of the proposed removal of the tree;

(C)

The tree to be removed is a member of a group of trees in which each tree is dependent upon the others for survival;

(D)

The value of the tree to the neighborhood in terms of visual effect, wind screening, privacy and neighboring vegetation is greater than the hardship to the owner;

(E)

If the permit involves trenching or grading and there are other reasonable alternatives including an alternate route, use of retaining walls, use of pier and grade beam foundations and/or relocating site improvements;

(F)

Any other reasonable and relevant factors specified by the director.

(Ords. 94-59, 94-22).

The director shall grant or deny tree permits in accordance with this chapter and code. If a permit is granted, the director may attach conditions to insure compliance with this chapter and code. These conditions may include a requirement to replace any or all trees on a comparable ratio of either size or quantity. Single tree permits shall be valid for a period of ninety days and may be renewed for additional periods by the director upon request by the applicant. Collective tree permits shall be valid for a period of time to be determined by the director based upon individual circumstances.

If a permit is denied, the director shall state the reason for denial. Notice of decision shall be mailed to the applicant.

(Ords. 94-59, 94-22).

Any person may appeal the director's decision within ten calendar days of the director's decision to the planning commission having jurisdiction in accordance with Chapter 26-2. Further appeals may be made as provided by Chapter 26-2. Appeals shall be made in writing and state the specific reasons why the decision does not meet the criteria and factors for granting or denial of a permit as stated in this chapter.

(Ords. 94-59, 94-22).

Article 816-6.10. Permit Exceptions

A tree permit is not required for the following situations:

(1)

Hazardous Situation. Any tree whose condition creates a hazardous situation which requires immediate action as determined by the director, building inspector, sheriff, involved fire district or a utility company to protect its facilities. During off-hours, when officials described above are unavailable, the hazardous situation may be corrected and a report of the incident and description of the hazard shall be submitted to the director within ten days of the incident.

(2)

Prior Approval. Any tree whose removal was specifically approved as a part of an approved development plan, subdivision, other discretionary project or a building permit.

(3)

Routine pruning not involving topping or tree removal.

(4)

Commercial plantings. Planting, removal and harvesting in connection with Christmas tree farms, orchards and nurseries.

(5)

Rangeland Management. Normal activities associated with range management and the disposition of wood incidental to rangeland management on agriculturally zoned properties (with each parcel containing at least twenty acres but also including properties in adjacent common ownership interest of at least twenty acres), will not require a tree permit. "Rangeland management activities" are defined as including, but not limited to, the clearing and thinning of trees for purposes of reducing fire risk or enhancement of forage production, removing obstruction to stormwater runoff flow, maintaining adequate clearance on range roads and fire trails, fencing maintenance and protecting equipment and constructions.

(6)

Public Agencies/Utilities. Trimming and clearing within public agency or utility easements and rights-of-way for maintenance of easement or right-of-way will not require a tree permit. Lands owned by public utilities and used for administrative purposes or uses unrelated to the public service provided by the utility are not exempted under this provision.

(Ords. 94-59, 94-22).

(a)

On any property proposed for development approval, tree alterations or removal shall be considered as a part of the project application.

(b)

All trees proposed to be removed, altered or otherwise affected by development construction shall be clearly indicated on all grading, site and development plans. Except where the director otherwise provides, a tree survey shall be submitted as a part of the project application indicating the number, size, species and location of the dripline of all trees on the property. This survey shall be overlaid on the proposed grading and development plans. The plan shall include a tabulation of all trees proposed for removal.

(c)

The granting or denial of a tree removal program which is a part of a development proposal covered by this section shall be subject to Sections 816-6.8008 and 816-6.8014. A separate tree removal permit shall not be required.

(Ords. 94-59, 94-22).

Article 816-6.12. Tree Protection

Except where otherwise provided by the involved development's conditions of approval or approved permit application, on all properties where trees are required to be saved during the course of development, the developer shall follow the following tree preservation standards:

(1)

Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with trees to be preserved, the applicant shall install fencing at the dripline or other area as determined by an arborist report of all trees adjacent to or in the area to be altered. Prior to grading or issuance of any permits, the fences may be inspected and the location thereof approved by appropriate county staff.

(2)

No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline unless indicated on the grading plans approved by the county and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline, an arborist may be required to be present during grading operations. The arborist shall have the authority to require protective measures to protect the roots. Upon completion of grading and construction, an involved arborist shall prepare a report outlining further methods required for tree protection if any are required. All arborist expense shall be borne by the developer and applicant unless otherwise provided by the development's conditions of approval.

(3)

No parking or storing vehicles, equipment, machinery or construction materials, construction trailers and no dumping of oils or chemicals shall be permitted within the dripline of any tree to be saved.

(Ords. 94-59, 94-22).

Prior to the issuance of any grading or building permit for a property where trees are required by this chapter to be saved, the owner or developer shall deposit cash or other acceptable security with the department on a per tree basis in the amount established by the involved development's conditions of approval or approved applications.

As required, the county may hold the deposit for a two-year period to guarantee the health of the trees for a two-year period upon completion of construction. In addition, the applicant or developer may be required to enter into a tree maintenance agreement secured by said deposit/bond by which they agree to maintain said trees in a living and viable condition throughout the term of the agreement. This agreement may be transferred to any new owner of the property for the remaining length of the agreement.

(Ords. 94-59, 94-22).

A development's property owner or developer shall notify the department of any damage that occurs to any tree during the construction process. The owner or developer shall repair any damage as determined by an arborist designated by the director.

Any tree not approved for destruction or removal that dies or is significantly damaged as a result of construction or grading shall be replaced with a tree or trees of equivalent size and of a species as approved by the director to be reasonably appropriate for the particular situation.

(Ords. 94-59, 94-22).

Violations of this chapter are punishable and may be corrected in any manner provided by this code or as otherwise allowed by law. Each tree damaged or removed in violation of this chapter shall constitute a separate offense.

(Ords. 94-59, 94-22).