La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
40 PRESERVATION AND PROTECTION OF DESIGNATED TREES ON PRIVATE PROPERTY
§ 11.40.010 Purpose.
The purposes of this chapter are to preserve and protect certain species of trees, as set forth in this chapter, that are of aesthetic importance and to protect the scenic beauty of the area in a manner that does not unreasonably infringe upon the rights of property owners. It is pertinent to the public interest, health and welfare that the protection of these certain species of trees be guarded against damage, destruction and removal. These purposes can be achieved through education and regulation regarding the care and removal of protected trees.
(Ord. 412 § 2, 2013)
§ 11.40.020 Applicability.
This chapter applies to all property in the city, except city-owned or controlled property, which is addressed in Chapter 4.24 of the city of La Cañada Flintridge Municipal Code.
(Ord. 412 § 2, 2013)
§ 11.40.030 Definitions.
For the purposes of this chapter, the following terms are defined as follows:
means an individual who is certified as an arborist, possesses and maintains a city business license, and is on the Official City Approved Arborists and Tree Trimmers List, as set forth in Section 11.40.050(A), at the time the work is performed.
means the city of La Cañada Flintridge.
means the city council of the city.
means a service hired for the purpose of trimming protected trees that, at the time the work is performed, has a D49 contractor's license (tree service), a city business license and is on the Official City Approved Arborists and Tree Trimmers List, as set forth in Section 11.40.050(A).
means any act which causes or tends to cause injury or disfigurement to a protected tree, including the root system, or impairs its structural integrity. This includes, but is not limited to, topping, poisoning, burning, or girdling a protected tree or attaching any object by means of nails, screws, lag bolts or other similar objects. Attachment of cables, braces or similar, undertaken by a licensed arborist for the purpose of protecting or preserving the health of a protected tree, shall not be defined as "damage" or "damaging" so long as undertaken, supervised or directed by a licensed arborist for the purpose of protecting or preserving the health of the protected tree.
means any development work upon property subject to this chapter, including, but not limited to:
means the director of community development or designee.
means an approval issued by the director pursuant to Section 11.40.070(D) authorizing development activity within a protection zone of a protected tree.
means an immediate threat or hazard to health, safety or property caused by the presence of the protected tree as a result of accident, disease, storm damage, acts of nature affecting the protected tree, or other acts not caused by the property owner.
means the county of Los Angeles fire department.
means an improvement built or placed at ground level not requiring a footing, including, but not limited to, driveways, walkways, and/or equipment pads.
means the area that encompasses the following streets: Alta Canyada Road (North of Alta Park Lane), Bonita Vista Drive, Bubbling Well Lane, Del Oro Drive, Earl Drive, Earlmont Avenue, El Vago Street (West of Indian Drive), Fairmount Avenue, Hacienda Drive, Hillard Avenue, Jarvis Avenue, Linda Vista Drive, Louise Drive, and Palm Drive (North of Fairmount Avenue).
means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
means the planning commission of the city.
means any development activity within 30 feet of a protected tree.
means a person who is the record owner, as shown on the Los Angeles County assessor's latest secured real property assessment roll or then current grant deed of record as shown in the Los Angeles County recorder's office.
means:
Any of the following trees on property located in the R-1 single-family residential zone having a diameter of 12 inches or greater at 54 inches above natural grade: Coast Live Oak, Interior Live Oak, Canyon Live Oak, Scrub Oak, Coastal Scrub Oak, Valley Oak, Mesa Oak, and California Sycamore Tree. Where a tree trunk is divided below 54 inches above natural grade, the diameter of all trunks, as measured at 54 inches from the natural grade, shall be added to determine a tree's diameter.
Any Deodar Cedar Tree on property located in the R-1 single-family residential zone that has a diameter of 12 inches or greater at 54 inches above natural grade, that has a trunk which is partially or wholly within 20 feet of any curb or edge of pavement, and that is located within the Historic Deodar District, as defined in this section. Where a tree trunk is divided below 54 inches above natural grade, the diameter of all trunks, as measured at 54 inches from the natural grade, shall be added to determine a tree's diameter. This definition shall not apply to any Deodar Cedar Tree located within the public right-of-way, which is regulated by Chapter 4.24 of the city of La Cañada Flintridge Municipal Code.
Any species of tree greater than five feet in height on property in a non-R-1 single-family residential zone, except city-owned or controlled property, which is addressed in Chapter 4.24 of the city of La Cañada Flintridge Municipal Code.
means a defined area surrounding a protected tree which may be impacted by development activity as described in Section 11.40.070(D).
means transplanting a protected tree, complete extraction of a protected tree, or cutting of a protected tree so that only a stump remains.
means a substituted tree designated by the director, the planning commission, the city council, and/or a court of law as a replacement for a protected tree. A replacement tree is deemed a protected tree.
means anything built, constructed, fabricated, formed or placed which requires a fixed location on the ground. For the purposes of this definition, structure does not include flatwork.
(also known as "heading back," "stubbing" or "pollarding") means a severe type of trimming which results in the cutting back of large branches to stub, or the removal of the upper 20% or more of a protected tree's trunk or primary scaffold.
"trims," "trimmed" or "trimming" (also known as "pruning") means detaching or separating either in whole or in part, any limb, branch, and/or root, from any part of a protected tree.
(Ord. 412 § 2, 2013; Ord. 471 § 4, 2018)
§ 11.40.040 Tree preservation and protection guidelines.
The city is committed to natural resource stewardship and a healthy and sustainable tree population. Trees and vegetation provide a multitude of benefits, which include clean water, clean air, enhanced quality of life, and improved property values. In an effort to promote the maintenance of protected trees, the city shall maintain the "Tree Preservation and Protection Guidelines," as adopted by resolution of the city council, as amended from time to time. A copy of said resolution shall be available in the office of the director and on the city's website. The "Tree Preservation and Protection Guidelines" are intended to inform residents and business owners of tree trimming techniques that reflect industry standards and acceptable best management practices for the preservation of protected trees in the city. The "Tree Preservation and Protection Guidelines" recommend best practices for the proper care and maintenance of protected trees.
(Ord. 412 § 2, 2013)
§ 11.40.050 Trimming of protected trees.
A.
Official City Approved Arborists and Tree Trimmers List.
1.
The director shall prepare and maintain the "Official City Approved Arborists and Tree Trimmers List," a copy of which shall be available in the office of the director and the city's website. Certified arborists and commercial tree services must appear on this list at the time they are performing any trimming of protected trees, or as otherwise may be required in this chapter.
2.
A certified arborist or commercial tree service may be added to the Official City Approved Arborists and Tree Trimmers List, subject to completing a business license application, a supplemental application for certified arborists and commercial tree services, and a signed acknowledgement that the certified arborist or commercial tree service had received, read and understood this chapter.
3.
A certified arborist and/or commercial tree service may be removed from the Official City Approved Arborists and Tree Trimmers List for failure to comply with the provisions of this code as further discussed in Section 11.40.080(C).
(Ord. 412 § 2, 2013)
§ 11.40.060 Removal of protected trees.
A.
A tree removal permit shall be required for the removal of any protected tree in accordance with the provisions of this section.
B.
A tree removal permit may be issued only if any one of the following criteria is met:
1.
Where the protected tree itself, its excess foliage, or any one or more of its limbs is, in the opinion of the director, unreasonably interfering with a structure or other improvement and there is no reasonably practical alternative to mitigate the interference.
2.
Where, upon taking into account the size, shape, topography and existing protected trees upon the lot, the denial of the permit would create an unreasonable hardship or a significant undue impairment of the use and enjoyment of the property by the property owner.
3.
Where the protected tree is so diseased or damaged that it is no longer viable or is a threat to cause damage to property or to other protected trees.
4.
Where the removal of one or more protected trees is required by the fire department for reasons of public health, safety and/or welfare, including to provide an effective firebreak. This criterion shall only apply to existing structures and must be supported by written documentation from the fire department.
5.
Where a property owner requests removal of a protected tree for other reasonable cause and the removal will not impact the character of the neighborhood from public view or adjacent properties or where such removal can be reasonably mitigated.
C.
Exceptions from Tree Removal Permit Requirements. A tree removal permit is not required in the following cases:
1.
Removal of an unprotected tree.
2.
Removal of a dead tree, as determined by the director.
3.
Removal of a protected tree which is required by the city, the fire department, or a public utility.
4.
Removal of a protected tree due to an emergency, subject to the following requirements:
a.
If an emergency occurs during regular City Hall business hours, the person removing the protected tree, or causing it to be removed, shall notify the director prior to the removal of the protected tree if reasonably practicable. If it is not reasonably practicable to provide notice, the person removing the protected tree, or causing it to be removed, must notify the director within a reasonable period of time after the removal and provide supporting documentation of the emergency.
b.
If an emergency removal occurs outside of regular City Hall business hours or when City Hall is otherwise closed, the person removing the protected tree, or causing it to be removed, must notify the director within a reasonable period of time after the removal and provide supporting documentation of the emergency.
D.
Procedure for Issuance of Tree Removal Permits.
1.
A property owner shall first submit an application along with any required fees to the planning department.
2.
The director shall evaluate the application along with the findings established in subsection B, as applicable. If the director can make any one of the findings for removal in his or her determination based on a visual inspection of the protected tree(s), the tree removal permit shall be granted.
3.
If the director, however, requires further evidence to make any one of the findings, the director may require an arborist report to be prepared by a certified arborist, as defined in Section 11.40.030. The applicant may provide an arborist report or, alternatively, provide a deposit to the director, based on a reasonable estimate of the director's and/or consultant's/arborist's costs to be incurred to conduct the review, or as may be established by fee resolution of the city council, whichever is greater.
4.
A determination of the director to grant the application may include reasonable conditions for the removal of the protected tree.
5.
Upon the determination to either approve or deny the tree removal permit, the director shall provide notice to the applicant, the abutting property owners, and all others whose names appear on the application for removal.
6.
The decision of the director may be appealed to the planning commission in accordance with Section 11.49.010.
7.
A tree removal permit application made in connection with a development proposal shall be considered concurrently with the development proposal.
E.
As a condition to granting a tree removal permit pursuant to subsections (B)(1) through (B)(4), inclusive, the property owner or applicant may be required to plant replacement trees on the subject property if removal of the protected tree(s) impacts the character of the neighborhood from public view or adjacent properties and where removal can be mitigated on-site. The replacement trees shall be planted as follows:
1.
The number and size of replacement trees required shall be based on the city's Tree Replacement Chart as adopted by resolution of the city council, as amended from time to time. A copy of said resolution shall be available in the office of the director and on the city's website.
2.
For property located in the R-1 single-family residential zone, a replacement tree(s) shall be any species of a protected tree(s), as defined in Section 11.40.030, as determined by the director. For property located in a non-R-1 single-family residential zone, a replacement tree(s) may be any species of tree, as determined by the director.
3.
The location of replacement tree(s) shall be determined by the director or the planning commission.
4.
The property owner must agree to accept the conditions of replacement by his or her signature on the acknowledgement of conditions before activation of the tree removal permit, including a condition that the property owner shall provide written notice to subsequent property owners about the existence of a replacement tree that is subject to the provisions of this chapter.
5.
When the replacement is completed, the applicant shall contact the city's planning department for an inspection of the work and to demonstrate evidence of the mitigation.
6.
In any case where the director reasonably determines that the required replacement tree(s) cannot be planted on the subject property due to the size, shape, topography, or design of existing development of the subject property, the director may authorize the property owner or applicant to pay money into the city's tree replacement fund in lieu of the required planting of replacement trees. The amount shall be based on the city's Tree Replacement Chart as adopted by resolution of the city council, as amended from time to time. A copy of said resolution shall be available in the office of the director and on the city's website.
F.
As a condition to granting a tree removal permit pursuant to subsection (B)(5), the property owner or applicant shall be required to plant replacement trees on the subject property, as set forth in subsection (F)(1), or pay a designated amount into the city's tree replacement fund, as set forth in subsection (F)(2).
1.
Replacement Trees.
a.
If replacement trees are to be planted, the number and size of replacement trees required shall be based on the city's Tree Replacement Chart as adopted by resolution of the city council, as amended from time to time. A copy of said resolution shall be available in the office of the director and on the city's website.
b.
For R-1 single-family residential zone, a replacement tree(s) shall be any species of a protected tree(s), as defined in Section 11.40.030, as determined by the director. For property located in a non-R-1 single-family residential zone, a replacement tree(s) may be any species of tree, as determined by the director.
c.
The location of replacement tree(s) shall be determined by the director or the planning commission. If the subject property cannot accommodate multiple protected trees, if required, alternative public property locations within the city (rights-of-way, parks, etc.) may be designated.
d.
The property owner must agree to accept the conditions of replacement by his or her signature on the acknowledgement of conditions before activation of the tree removal permit, including a condition that the property owner shall provide written notice to subsequent property owners about the existence of a replacement tree that is subject to the provisions of this chapter.
e.
When the replacement is completed, the applicant shall contact the city's planning department for an inspection of the work and to demonstrate evidence of the mitigation.
2.
City's Tree Replacement Fund. Except where it is determined by the director, planning commission, or city council that planting of replacement trees is necessary for purposes of mitigation, the property owner or applicant may pay money into the city's tree replacement fund as an alternative to planting replacement trees. The amount shall be based on the city's Tree Replacement Chart as adopted by resolution of the city council, as amended from time to time. A copy of said resolution shall be available in the office of the director and on the city's website.
G.
Unless otherwise stated in the conditions of approval, a tree removal permit shall be valid for a period of one year.
(Ord. 412 § 2, 2013; Ord. 420 § 1, 2014)
§ 11.40.070 Protection requirements during development activity.
A.
In recognition that development activity presents a risk of harm to protected trees, this section is intended to ensure that reasonable safeguards are taken to ensure that protected trees are protected during development activity.
B.
Site Plan Requirements.
1.
When protected trees are located within a project area involving development activity requiring a building permit, grading permit, or other zoning entitlement, the property owner or applicant shall identify the following on a site plan or, in lieu of a site plan, an approved landscape plan:
a.
The location and species of all protected trees in the project area including the approximate location of each protected tree's canopy. Protected trees shall each be identified on the site plan by separate number.
b.
Canopies of neighboring protected trees that overhang the project area.
c.
Existing and proposed grades, existing and proposed improvements, and septic tanks and utility lines in the project area, if impacted.
d.
The location and type of the proposed protective barrier for each protected tree.
2.
All site plans will be reviewed by city staff, in consultation with a certified arborist, if necessary. If arborist review is required, such review is subject to a deposit, based on a reasonable estimate of the director's and/or consultant's/arborist's costs to be incurred by the city to conduct the review, or as may be established by fee resolution of the city council, whichever is greater.
C.
Arborist Report Requirements.
1.
Unless waived by the director, an arborist report shall be prepared by a certified arborist, as defined in Section 11.40.030, in the following cases:
a.
Any development activity within the applicable protection zone of a protected tree.
b.
In conjunction with an application for a tree removal permit, if required, to support the applicable finding(s) for issuance.
c.
In all other instances as determined by the director, planning commission and/or city council, to preserve and protect the health of a protected tree.
2.
The arborist report shall contain the following information:
a.
The name, address and daytime telephone number of the preparer.
b.
For each protected tree, the circumference and diameter of the trunk, measured 54 inches above natural grade or, in the case of multiple trunks, the cumulative diameter of all trunks that are 54 inches above natural grade.
c.
The locations of protected trees and the outlines and dimensions of the respective canopies on a corresponding site plan.
d.
Aesthetic assessment of the protected tree, considering factors such as, but not limited to, symmetry, broken branches, unbalanced crown, excessive horizontal branching.
e.
Recommendations to remedy structural problems where required.
f.
Evidence of disease.
g.
Identification of insects or pests.
h.
Evaluation of vigor, such as new tip growth, leaf color, abnormal bark, presence of deadwood and thinning of crown.
i.
Health rating based on the archetype tree of the same species.
j.
Recommendations to improve the health of the protected tree, such as insect or disease control, pruning and fertilization.
k.
Evaluation of the applicant's proposal as it impacts each protected tree shown on the site plan, including suggested mitigating and/or future maintenance measures where required. This information shall only be provided when there is development activity within the protection zone of a protected tree.
3.
In lieu of the property owner or applicant obtaining an arborist report, the property owner may authorize the director to obtain the arborist report on behalf of the property owner or applicant, subject to a deposit.
4.
All arborist reports will be reviewed by city staff, in consultation with a certified arborist, if necessary. If arborist review is required, such review is subject to a deposit, based on a reasonable estimate of the director's and/or consultant's/arborist's costs to be incurred by the city to conduct the review, or as may be established by fee resolution of the city council, whichever is greater.
D.
Director's Determination.
1.
Development activity that includes any of the following shall require a director's determination prior to conducting said work:
a.
Placing or constructing a structure within a distance from the protected tree equivalent to three and one-half times the trunk diameter, up to a maximum of 15 feet. For purposes of the provisions of this subsection, the distance shall be measured from the outer trunk edge of the protected tree at ground level.
b.
Installing new paving or flatwork within a distance from the protected tree equivalent to two times the trunk diameter, up to a maximum of ten feet. For purposes of the provisions of this subsection, the distance shall be measured from the outer trunk edge of the protected tree at ground level.
c.
Excavating a footing, basement, or pool or substantial compaction within a distance from the protected tree equivalent to three and one-half times the trunk diameter, up to a maximum of 15 feet. For purposes of the provisions of this subsection, the distance shall be measured from the outer trunk edge of the protected tree at ground level.
d.
Placement of fill material within a distance from the protected tree equivalent to three and one-half times the trunk diameter of a protected tree, up to a maximum of 15 feet. For purposes of the provisions of this subsection, the distance shall be measured from the outer trunk edge of the protected tree at ground level.
2.
Procedure for Director's Determination.
a.
A property owner shall submit a site plan of the proposed development activity to the planning department. The contents of the required site plan shall include the requirements set forth in subsection B.
b.
The director shall approve the site plan if the director can find that the health of the protected tree will not be unreasonably impacted by the proposed development activity.
c.
If the director requires further evidence to make the necessary finding, the director may consult with a certified arborist as part of the director's determination. If arborist review is required, such review is subject to a deposit, based on a reasonable estimate of the director's and/or consultant's/arborist's costs to be incurred to conduct the review, or as may be established by fee resolution of the city council, whichever is greater.
3.
A determination of the director to approve the site plan may include reasonable conditions to mitigate the impacts of the development activity on the protected tree, including, but not limited to:
a.
Roots that are two inches or greater in diameter shall not be cut within the protection zone and roots that are four inches or greater in diameter shall not be cut outside the protection zone.
b.
Branches that could be damaged by vehicles or that interfere with the development activity must be trimmed by a certified arborist or commercial tree service.
E.
Protection Barriers.
1.
Prior to the commencement of development activity, and during all phases of development activity, within a project area, a property owner or applicant shall establish and maintain a protection barrier for each protected tree scheduled to be retained within the project area. The protection barrier shall:
2.
The director, in consultation with a certified arborist if necessary, may modify the standards identified in this section and/or impose additional measures determined necessary to preserve and protect the health of protected trees depending upon the nature of development activity and site features.
F.
Remedies for Noncompliance. In the event of noncompliance with any requirement in this section, the director may issue a stop work order for all or part of the project on the site.
(Ord. 412 § 2, 2013)
§ 11.40.080 Violations and enforcement.
A.
The following actions are prohibited and are violations of this code:
1.
Damaging any protected tree.
2.
Causing a protected tree to die.
3.
Removing a protected tree without a tree removal permit, where one is required.
4.
Removing a protected tree in an emergency without complying with the proper procedures, including, but not limited to, the failure to provide the required notice and/or supporting documentation.
5.
Hiring a commercial tree service or arborist who, at the time of performing the work on a protected tree, fails to appear on the Official City Approved Arborists and Tree Trimmers List.
6.
For arborists and commercial tree services, the failure to, at the time of performing the work on a protected tree, possess and maintain the proper certification, a city business license, appropriate state contractor's license and/or inclusion on the Official City Approved Arborists and Tree Trimmers List.
C.
In addition to the penalties imposed in subsection B, a person who is in violation of subsection A, shall be required to pay restitution to the city to mitigate the loss of the protected tree(s) as follows:
1.
Persons who commit the following violations are required to pay restitution:
a.
Damaging any protected tree, such that the protected tree dies within one year from the act causing damage.
b.
Causing a protected tree to die.
c.
Removing a protected tree without a tree removal permit, where one is required.
d.
Removing a protected tree in an emergency without complying with the proper procedures, including, but not limited to, the failure to provide the required notice and/or supporting documentation.
2.
The amount of restitution shall be established in the city's Tree Replacement Chart as adopted by resolution of the city council, as amended from time to time. A copy of said resolution shall be available in the office of the director and on the city's website.
3.
Restitution shall be paid into the city's tree replacement fund.
4.
Failure to pay restitution after the date ordered shall constitute a new, continuing, and separate offense each day that the restitution amount remains unpaid. All civil, criminal, and/or administrative remedies may be exercised for each such offense.
5.
Any person who is required to pay restitution and who meets the low, very-low, or extremely-low income categories as established annually by the California Department of Housing and Community Development may apply for a financial hardship waiver as follows:
a.
The request for waiver shall be on a form approved by the director and available in the office of the director;
b.
The completed form shall be submitted to the director within ten days of the notification of required payment of restitution;
c.
Upon receipt of such application, the director shall schedule a hearing before a hearing officer. Notice of the hearing shall be sent by certified mail, return receipt requested, at least ten calendar days prior to the hearing;
d.
At the time fixed for the hearing, the hearing officer shall consider all relevant evidence demonstrating a financial hardship;
e.
A financial hardship shall be determined to exist if the person requesting the waiver meets the then-current low, very-low, or extremely-low income categories as established annually by the California Department of Housing and Community Development; and
f.
If the hearing officer finds that a financial hardship does not exist, the hearing officer shall deny the application. If the hearing officer finds that a financial hardship exists, the hearing officer may modify and/or waive the amount of restitution that is required to be paid. The decision of the hearing officer shall be in writing and shall be sent by certified mail, return receipt requested within 30 days of the hearing. The decision of the hearing officer shall be final.
D.
In any case where restitution is required pursuant to subsection C, the property owner of the subject property shall plant a replacement tree on the subject property in accordance with Section 11.40.060(F)(1). This subsection shall apply irrespective of whether the property owner is a responsible person for the underlying violation of subsection A. In such cases when the property owner is not the party who committed the illegal removal or damage (such that the protected tree dies within one year from the act causing damage), the city shall tender to the property owner the amount of restitution collected from the offending party in an amount not to exceed the actual cost of replacement and installation. Payment shall be provided by the city after confirmation of installation by the director of community development and receipts have been provided to the city by the property owner. Failure to plant a replacement tree after the date ordered shall constitute a new, continuing, and separate offense each day that the replacement tree remains unplanted. All civil, criminal, and/or administrative remedies may be exercised for each such offense.
E.
For violations of subsection A, a certified arborist or commercial tree service shall be subject to the penalties imposed by subsections B and C, and/or removal from the Official City Approved Arborists and Tree Trimmers List for a period of six months for a first violation of this code. Subsequent offenses may result in extended suspension.
F.
For violations of subsection A, a commercial tree service or arborist who, at the time of performing the work on a protected tree, fails to appear on the Official City Approved Arborists and Tree Trimmers List, shall be subject to the penalties imposed by subsections B and C and shall not be eligible for inclusion on the Official City Approved Arborists and Tree Trimmers List for a minimum of six months.
(Ord. 412 § 2, 2013; Ord. 420 § 2, 2014)