Oakdale City Zoning Code
§ 36-28.4
Removal of Oak Tree Application Process.
[Ord. No. 1044, § 1; Ord. No. 1227-14 Exh. A.]
A.
Any persons or agents of any such persons wishing to remove one (1) or more oak or significant trees from any parcel in the City shall complete the City's Tree Removal Permit Application and submit it to the Public Services Department for a determination/permit.
B.
A permit application shall contain a plot plan showing the location, type and size of tree(s) proposed to be removed, a brief statement of the reason for removal, and other pertinent information that the City Manager or his or her authorized designee may require. If the tree or trees are proposed for removal because of their condition, a certified arborist's determination of the state of health of the oak or significant tree(s) may be required.
A tree removal permit fee will be collected for projects involving new development or entitlements within the City. Projects that will be assessed a permit fee include, but are not limited to commercial, industrial, institutional, and residential projects. The permit fee will not apply to existing residential dwellings or existing development not proposing new construction.
A base fee of seventy-five ($75.00) dollars will cover the cost of permit administration. An additional deposit may be required by the City Manager or his or her authorized designee to retain a licensed arborist or other qualified professional consultant to assist the City in assessing the condition of trees.
C.
Except as specifically provided in § 36-28.6 of this section, the City Manager or his or her authorized designee shall not be authorized to approve removal of a healthy, mature oak tree as defined by this section. The only oak trees whose removal the City Manager or his or her authorized designee is authorized to permit, are trees that are of less than mature size or which are, in the City Manager's or his or her authorized designee's findings, clearly dead or diseased beyond correction.
D.
If a request is being made to remove one (1) or more healthy, mature oak trees, the City Manager or his or her authorized designee shall prepare a report to the City Council, outlining the proposal and his/her recommendation. These same factors shall be used by the City Manager or his or her authorized designee to consider requests for removal of trees that are significant trees, diseased or of less than mature size.
1.
The condition of the oak or significant tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as host for a plant, pest or disease endangering other species of trees or plants with infection or infestation.
2.
The necessity of the requested action to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned. In this context, it shall be the burden of the person seeking the permit to demonstrate to the satisfaction of the City Manager or his or her authorized designee that there are no reasonable alternatives to the proposed design and use of the property. Every reasonable effort shall be made to avoid impacting oak trees and significant trees, including but not limited to: flexible application of City standards, utilizing custom building design alternatives, and the applicant incurring additional costs to save oak and significant trees.
3.
The topography of land, and the potential effect of the requested tree removal on soil retention, water retention, and diversion or increased flow of surface waters. The City Manager or his or her authorized designee shall consider how either the preservation or removal of the oak or significant tree(s) would relate to grading and drainage. Except as specifically authorized by the Planning Commission and City Council, ravines, stream beds and other watercourses that provide a habitat for oak and significant sized trees shall not be disturbed;
4.
The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the City as a whole;
5.
Good forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
E.
For applications to remove oak trees the City Manager or his or her authorized designee shall post for fifteen (15) days a "Notice of Tree Removal Request" in the front yard of the property, stating the date(s) of the tentative public meeting consideration. The City Manager or his or her authorized designee shall agendize the tree removal request as a staff report item.
F.
In conjunction with the intended decision made on an application for a permit, the City Manager or his or her authorized designee shall attach or recommended for City Council consideration reasonable conditions to ensure compliance with the stated purposes of this section, and a condition requiring tree replacement provisions that generally include one to two (1-2) twenty-four (24) inch box trees (providing one-and-one-half (1-1/2) inch minimum trunk caliper measurement) or three to five (3-5) fifteen (15) gallon plantings of an appropriate species to be planted in a suitable location as substitutes for removed trees, at the sole expense of the applicant; the applicant shall be required to post a tree planting performance bond or security to ensure that replacement trees are properly established and maintained for two (2) growing seasons.
G.
In conjunction with the development or use of any property where there is a question in the mind of the City Manager or his or her authorized designee as to possible impacts on an existing oak or significant tree(s), the City Manager or his or her authorized designee shall require that a tree preservation security be posted in an amount based on the valuation of the trees according to the guidelines set forth within the International Society of Arboriculturists publication "Guide for Establishing Value of Trees and Other Plants." The purpose of the security is to ensure the intention to preserve trees not approved for removal.
H.
This security shall be held for a reasonable period of time following grading or other development activity on the parcel, not to exceed three (3) years; the security is to be released upon the satisfaction of the City Manager or his or her authorized designee that the trees to be preserved have not been endangered. In instances where trees not approved for removal have been destroyed, the security shall be applied, for the value of the destroyed tree(s), and be used for the replacement and preservation of City oak or significant trees, as required by the City Manager or his or her authorized designee.