Covina City Zoning Code
CHAPTER 17
83 TREE PRESERVATION
§ 17.83.010 Purpose and intent.
A.
The purpose of this chapter is to preserve and protect mature trees that represent a significant resource to the community. Large mature trees, particularly those of native species, provide habitat for birds and wildlife, moderate climatic extremes, add beauty to the community, increase property values, improve air quality, and represent a historic resource.
The intent of this chapter is to assure that new development addresses the preservation of significant healthy and mature trees to the greatest extent which is reasonable and that activities on properties with existing development are conducted in a manner that minimizes harm and destruction of such trees.
B.
Nothing in this chapter shall be deemed to impose any liability for damage or a duty of care and maintenance upon the city or upon any of its officers or employees. The person in possession of public property or the owner of any private property shall have duty to keep any tree upon the property or under their control in a safe, healthy condition.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.020 Definitions.
For purpose of this chapter, the following definitions shall apply:
A. "Damage"
shall mean any action to destroy, remove, relocate, or otherwise inflict harm or injury to a tree. Damage shall include any act causing injury to the root system or other parts of a tree including burning, applications of toxic substances, operation of equipment or machinery within the dripline, paving within the dripline, change of the natural grade within the dripline, trenching or excavation within the dripline, excessive watering or any act of a similar nature.
B. "Diameter at standard height"
is the diameter of a tree trunk as measured four and one-half feet above the mean natural grade of the ground in which it is growing.
C. "Dripline"
shall mean an imaginary line on the ground at the furthest extension of the canopy around the circumference of the tree.
D. "Heritage trees"1. a. 2.
are protected trees that meet one or more of the following criteria:
Trees of the following species with a trunk diameter, as measured at standard height, of at least 10 inches for a single-trunk tree or with a combined diameter of at least 22 inches for multiple-trunk trees:
Quercus, all species (oaks).
Individual trees or groups of trees designated as heritage tree(s) by the city council pursuant to CMC § 17.83.150.
E. "Tree preservation permit"
means a permit to damage one or more heritage trees.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.030 Prohibition and permit required.
Except as otherwise provided in this chapter, no person shall damage any heritage tree located on any lot or parcel of land within the city unless a tree preservation permit is first obtained as provided herein.
(Ord. 05-1925 § 1, 2005)
§ 17.83.040 Exemptions.
The provisions of this chapter shall not apply to:
A.
Street trees maintained by the city and located within any public right-of-way as described in Chapter 11.36 CMC.
B.
Routine maintenance designed to assure the continued health of the tree. Routine maintenance does not include removal in any one year of branches that would bear over 10 percent of the tree's live foliage or any reduction in more than 25 percent of the tree's height. All such maintenance shall be undertaken in a manner that conforms with the standards of the Western Chapter of the International Society of Arboriculture.
C.
An emergency caused by the tree's dead, deceased, or hazardous conditions as determined by visual inspection by a licensed forester, certified arborist, the chief planning official, or his/her designee.
D.
Emergency or routine maintenance by a public utility necessary to protect or maintain an electrical power or communication line and structures appurtenant thereto.
E.
Trees planted, grown and/or held for sale by a licensed nursery.
F.
Repair and maintenance of existing parkways, highways and streets and/or other public facilities.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.050 Approval authority.
The chief planning official shall have authority to approve, deny or approve subject to conditions any tree preservation permit to damage not more than one heritage tree located on a property zoned and used as a single-family residence. The planning commission shall have authority to approve, deny or approve subject to conditions any tree preservation permit to damage heritage trees for which the chief planning official does not have approval authority. Prior to approving a tree preservation permit to damage a heritage tree, the planning commission shall conduct a public hearing held pursuant to the provisions of CMC § 17.62.100.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.060 Application and contents.
A.
Any person desiring a tree preservation permit shall file an application with the chief planning official.
B.
An application for a tree preservation permit shall include the following information and documentation:
1.
The name and address of the applicant and of all persons owning any or all of the property on which the subject tree or trees is/are situated.
2.
Evidence that the applicant is the owner of the premises involved, or has the written permission of the owner or owners to make such application.
3.
The location of the subject property (street address or vicinity).
4.
A photograph of the subject tree or trees.
5.
A site plan drawn to a scale satisfactory to, and in the number of copies prescribed by, the Chief Planning Official indicating the location and dimension of existing and proposed features on the subject property, including lot lines, streets, highways, access and other major public or private easements, building or other structures, yards, walls and fences, parking and other paved areas, proposed areas to be landscaped, and proposed construction, including excavation, grading, and landfill, if any. The site plan shall also indicate the location of all heritage trees proposed to be damaged or within 100 feet of proposed construction activity, if any.
6.
Mailing list and two sets of self-adhesive labels indicating the owner of all properties falling within a 300-foot radius of the property on which the subject tree(s) is/are located.
7.
A report prepared by a certified arborist or licensed forester with qualifications satisfactory to the chief planning official which:
a.
Evaluates the heritage tree(s) subject to the tree preservation permit application and addresses all pertinent issues including the size, species, health, aesthetics, monetary value and condition of the tree(s).
b.
Provides recommendation of preserving the health of the subject heritage tree(s), mitigation of the impact of the permit request, and future maintenance measures when required and the effectiveness thereof.
8.
The chief planning official may waive the requirement for a tree report for damage in conjunction with the use of an existing single-family residence as a permitted use in the zone. The chief planning official may waive any other information which is deemed unnecessary for processing the application.
9.
The chief planning official may deny without further action any application which does not contain the information required herein, or permit the applicant to amend the application.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.070 Notification.
A.
No public notice is required for consideration of a tree preservation permit for which the chief planning official has approval authority.
B.
For applications for a tree preservation permit that are presented to the planning commission, the chief planning official, not less than 10 days before the date of the public hearing on the application, shall cause notice of the filing of a tree preservation permit application to be published once in a newspaper of general circulation in the city. Such notice shall include the statement "Notice of Tree Preservation Permit Filing." Also included shall be information indicating the location of the subject property, the applicant's request and the time and place of the proposed public hearing. The notice shall also provide the address and telephone number of the chief planning official and state that the official may be contacted for further information.
C.
When an application for a conditional use permit, variance, planned community development (PCD), zone change or tentative map for a subdivision is concurrently filed, notice that a tree preservation permit application will also be considered shall be included in the required legal notices for such conditional use permit, variance, planned community development (PCD), zone change or tentative map.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.080 Findings.
A.
Prior to approving a tree preservation permit for which he/she has approval authority, the approval authority must determine that at least one of the following provisions apply:
1.
The subject tree(s) are naturally damaged and diseased to a degree that cannot be reasonably corrected or restored to health.
2.
The action is necessary to maintain the health and viability of the subject tree(s) or other nearby trees.
3.
The subject tree(s) represent a substantial threat to existing structures and significant improvements on the property.
4.
There is no reasonable development alternative and retention of the subject tree(s) would constitute a substantial economic hardship.
B.
In the case of tree preservation permits for which the planning commission has approval authority, in addition to the above at least one of the following applies:
1.
That the damage proposed is necessary to avoid frustration of the planned improvement or proposed use of the subject property to such a degree that alternative development plans cannot achieve the same result, or the cost of such alternative plans is prohibitive, or placement of the subject tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorized.
2.
That the subject tree(s) proposed to be damaged interfere(s) with utility services or streets and highways either within or outside of the subject property and no reasonable alternative to such interference exists other than damaging the subject tree(s).
3.
That the condition of the subject tree(s) with regard to debilitating disease or danger of falling is such that the danger or disease cannot be remedied through preservation procedures and practices other than damaging the tree(s).
C.
In rendering a decision, the approval authority shall consider shade, scenic beauty, forest cover diminishment, wildlife preservation, historic value, aesthetics and general community welfare.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.090 Conditions of approval.
In rendering a decision on a tree preservation permit application, the approval authority may impose conditions of approval including but not limited to:
A.
Replanting of a replacement tree of equivalent value and species.
B.
Relocation of the subject tree(s) to an alternative location.
C.
Payment of in-lieu mitigation fees to plant and/or preserve the subject tree(s) on property or sites where the city can assure the long-term viability of the subject tree(s).
D.
Preparation of a monitoring and/or mitigation program by a city-approved certified arborist or licensed forester and provision of adequate financial security to assure implementation of the program.
E.
Such other conditions as may be necessary to assure the tree preservation permit is consistent with the findings and purpose of this chapter.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.100 Permit effective date and expiration.
A.
If a tree preservation permit is issued for a development project requiring a land use entitlement (conditional use permit, variance, zone change, planned community development (PCD), or tentative subdivision map), grading permit, building permit, or any other city development permit, no tree preservation permit shall be effective and the permittee shall not damage a heritage tree until all required land use entitlements and city development permits have been obtained so that the permittee may commence with development of the project.
B.
Unless otherwise specifically provided by the approval authority, any tree preservation permit granted under this chapter shall expire one year from the date of issuance. Any damage authorized by a permit must commence prior to the permit's expiration and thereupon be diligently pursued to timely completion.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.110 Appeal.
The decision of the chief planning official may be appealed to the planning commission within 10 calendar days of the date on which the decision is rendered. No public hearing is required for the planning commission to consider the appeal. The decision of the planning commission may be appealed to the city council within 10 days of the date on which it is rendered. The city council shall conduct a public hearing on the appeal in the manner provided under CMC § 17.62.130 when the initial tree preservation permit application was subject to a public hearing before the planning commission.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.120 Tree preservation and propagation fund.
The city shall establish a tree preservation and propagation fund using moneys collected as civil penalties, in-lieu mitigation fees, and other penalties related to this chapter. These funds shall be used exclusively to cover the costs of planting replacement trees or preserving native trees on property or sites where the city has reasonable assurance of the long-term viability of the trees.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.130 General requirements.
The following standards shall apply citywide:
A.
At the time of planting, any heritage tree provided pursuant to this chapter shall be of a health, size, height and trunk caliper that conforms with the current edition of "Horticultural Standards" for number one grade nursery stock as adopted by the American Association of Nurserymen.
B.
Utility companies shall practice good arboricultural practice.
C.
Heritage trees shall only be trimmed in a manner consistent with the standards of the Western Chapter of the International Society of Arboriculture.
D.
It is the responsibility of the property owner to maintain all heritage trees in a sound, healthy and attractive manner. This shall include but is not limited to the provision of adequate water, trimming to prevent excessive overgrowth and entanglement, removal of dead or dangerous branches, and the avoidance of practices which endanger the tree(s).
E.
Trenching and excavation under the dripline of a heritage tree shall only be undertaken using hand tools.
F.
Protective fencing shall be provided around the dripline of all heritage trees during construction.
G.
Utility trenches and footings shall not be placed under the dripline of a heritage tree without prior city approval.
H.
Irrigation systems shall be designed to suit the needs of the tree(s) located on the property.
I.
Prior to issuance of building, grading, demolition, and construction permits, the applicant shall:
1.
Obtain a tree preservation permit if subject to this chapter.
2.
Submit final tree report to the chief planning official, unless waived by the chief planning official, pursuant to CMC § 17.83.060(B)(8).
3.
Submit all required security deposits and agreements.
4.
A copy of the city-approved final tree report shall be kept on the site at all times and the developer shall follow all recommendations therein.
(Ord. 07-1938 § 1, 2007; Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.140 Exemption from the Solar Shade Control Act.
§ 17.83.150 Designation of heritage trees.
A.
The city council, planning commission or any property owner or concerned citizen of Covina may nominate a tree or cluster of trees for heritage status that are not otherwise defined as heritage tree(s) by this chapter.
B.
Prior to the planning commission's consideration of a heritage tree status nomination, there shall be on file with the planning department a signed written document indicating that the owner of the nominated tree(s) consents to the tree(s) being designated for heritage tree status under this chapter, and that, if the tree(s) is/are ultimately designated for heritage tree status, the owner fully understands the restrictions and covenants set forth in this chapter.
C.
Not later than 60 calendar days following the planning department's receipt of a complete application to nominate a tree for heritage status, the planning commission shall hold a public hearing to consider the nomination. At least 10 calendar days prior to the hearing, written notice shall be mailed to the owner(s) of the property on which the nominated tree(s) is/are located, along with any other interested parties as the chief planning official may deem appropriate. Following the public hearing, the planning commission shall make a recommendation on the nomination, which shall be forwarded to the city council not later than 60 calendar days following the date of the public hearing at which the planning commission made its recommendation. Not later than 45 calendar days following the date of the city council's receipt of the planning commission's recommendation, the commission's recommendation on the nomination shall be considered by the city council at a public hearing to which comparable written notice shall be provided. Following the public hearing, the city council shall render a decision to approve or deny designation as heritage tree(s). Hearings by either the planning commission or city council may be continued from time to time as necessary.
D.
In evaluating a nomination for heritage status, the decision-making body shall consider:
1.
The age, history, species and location of the tree(s) along with its relative importance to the community.
2.
Whether the tree(s) occupies a location of significant aesthetic importance to the image of the community or a neighborhood thereof.
3.
Unique or special characteristics and the image created by the planting and spacing of a group of trees.
4.
The environmental value of the tree(s) as wildlife and biotic habitat and for erosion prevention.
5.
The economic and social impact on the owner of the property or properties on which the tree(s) are located.
(Ord. 07-1938 § 2, 2007; Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.160 Fees.
The city council shall from time to time adopt fees to recover the full cost to evaluate, monitor and enforce the various permits, applications, appeals, and penalties provided in this chapter.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)
§ 17.83.170 Penalties.
A.
Each separate violation of this chapter shall constitute a misdemeanor offense. Inflicting damage to or removing multiple trees in violation of this chapter shall constitute a separate offense for each tree.
B.
In addition to or in lieu of criminal penalties, the city may pursue civil or private remedies including but not limited to:
1.
Development moratoria of up to 10 years for any deliberate and egregious violation involving heritage trees.
2.
Recovery of all reasonable costs and overhead expenses associated with enforcement and correction to the standards of this chapter.
3.
Payment into tree preservation and propagation fund in an amount equivalent to the value of the tree(s) illegally damaged.
4.
The ability to enter property and correct violations at owner's expense.
5.
Require planting of alternative trees in locations on or off of the subject site.
C.
The city shall have the authority to assess liens on property to recover costs and penalties associated with violations of this chapter.
(Ord. 05-1925 § 1, 2005; Ord. 96-1807, 1996)