It is the determination of the Council that proper and necessary steps be taken in order to protect and preserve trees, to the greatest extent possible, in order to protect the health, safety, or welfare of the citizens of the City.

(§ 5, Ord. 1085, eff. January 6, 2006)

The provisions of this Chapter shall apply to all protected trees, as defined in Article 8 (Glossary), within the limits of the City, except as specified in Section 9-38.090 (Exceptions), below.

(§ 5, Ord. 1085, eff. January 6, 2006)

No "protected tree" shall be removed, cut down, relocated, or otherwise destroyed, except as provided for in Sections 9-38.070 (Tree Removal Permits) through 9-38.090 (Exceptions), below.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Tree report required. Where a person wishes to remove or relocate one or more protected tree(s) or develop a site which contains protected trees, the Director shall cause a tree report to be prepared on those trees for review by the Environmental Planner.

B.

Authorized to prepare reports. Tree reports shall be prepared by an arborist, horticulturist, or registered landscape architect.

C.

Precise locations required. An applicant who wishes to remove a protected tree(s) or develop a site which contains protected tree(s) shall provide to the City the precise vertical and horizontal location within plus or minus one foot of each protected tree on the subject parcel and the generalized locations of all protected trees within 20 feet of the project boundary.

D.

Required information. Tree reports shall include the following information:

1.

Tree type. Tree type by common name, genus, and species.

2.

Trunk diameter. The diameter of trunks or main stems as measured four and one-half feet above the root crown.

3.

Tree spread. The average spread of each tree.

4.

Health of tree. A letter grade for the health of each tree. Grades employed shall be "A" for outstanding, "B" for good, "C" for average, or "D" for below average.

5.

Aesthetic quality of tree. A letter grade for the aesthetic quality of each tree employing those grades defined in Subsection 4, immediately above.

6.

Disclosure of damage or disease. Disclosure of any significant disease or insect infestations, fire, heart rot, mechanical or wind damage.

7.

Recommended remedial measures. Recommended tree surgery, chemical treatment, or other remedial measures intended to improve the health, safety, or life expectancy of the tree.

8.

Replacement value of tree. The replacement value of each tree which shall be established, and provided to the City, using the most recent edition of the "Guide for Establishing Values of Trees, and Other Plans" prepared by the Council of Tree Landscape Appraisers.

9.

Tree relocation. An evaluation of the technical feasibility of relocating each tree and the probable cost of relocation.

E.

Director may waive report or survey. The Director may waive the requirement for a tree report, or may waive the requirement for a survey of one or more trees, based upon a judgment that the tree(s) would have little or no ornamental value in an urban setting or that the tree(s) are located in a manner so that there is no possibility that they would be impacted by the development of the project as proposed.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Desirability of preserving protected trees. Initial project layout, design, and grading shall recognize the desirability of preserving protected trees with appropriate modifications and adjustments to accommodate preservation and maintenance by locating the best candidates in areas where preservation is feasible.

B.

Appropriate safeguard considerations. Design of the grading and other improvements shall reflect consideration of the following safeguards:

1.

Location in minimum growing areas as required by individual species;

2.

No disruption or removal of structural or feeder roots;

3.

Fencing of trees at or beyond their drip lines during grading and construction activities;

4.

No filling, cutting, development, or compaction of soils within the drip line; and

5.

Other measures required by the species of tree to be preserved as recommended by the consulting arborist, horticulturist or landscape architect.

C.

Practicality of preserving all healthy trees.

1.

It is recognized that the complete preservation of healthy trees may sometimes conflict with normal land developmental considerations (e.g., proper circulation, drainage, grading, safety and provisions of utilities).

2.

Within a given development, it may not be practical to preserve all healthy trees and therefore the City and the developer shall be willing to compromise the goal of complete tree preservation in order to address other public safety and design concerns.

3.

In these instances, the design of the development shall address preservation of the most desirable and significant of the healthy trees and the developer shall utilize creative land planning techniques to achieve this end.

D.

Proposed preservation plan.

1.

The Commission, when reviewing development plans, shall determine the adequacy and appropriateness of the proposed preservation plan.

2.

When conditioning a project to relocate a tree, the Commission shall consider the technical feasibility of relocation, the cost of relocation versus the appraised value of the tree, and the proposed new location of the tree.

a.

If a tree is to be relocated to public property, the applicant shall submit to the City a written commitment to accept and maintain the tree from the public agency which will receive the tree.

b.

The public agency shall have the option of refusing acceptance of the tree.

c.

Trees shall be relocated by arborists with experience in moving mature trees.

3.

Following approval of a development, the developer shall submit grading and precise landscaping plans detailing the approved preservation plan.

4.

The locations of all protected trees shall be indicated on these plans by the number of the tree as described in the tree study, with details indicating which trees shall be preserved or relocated, and which shall be removed.

5.

The plans shall be approved by the Director and the City Engineer.

6.

Before use inauguration, the preserved trees shall be trimmed for balance, structural integrity, and ornamental appearance as recommended in the tree report for the project, subject to the satisfaction of the Director.

E.

Preservation of Blue Gum trees. Preservation of Blue Gum trees (Eucalyptus globulus) is not required within parkways, medians, or planter areas of less than 12 feet in width, exclusive of sidewalks, adjacent to structures, or within parcels with single-family detached residences, closer than 75 feet from the nearest structure intended for human habitation.

F.

Precise vertical and horizontal locations. The precise vertical and horizontal locations, plus or minus one foot, of all protected trees shall be shown on the site plan as part of the initial application for any development project, unless that project would involve no exterior construction activities.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Tree Removal Permit application required. Anyone wishing to remove a protected tree, which is not currently associated with a proposal for urban development, shall first apply for a Tree Removal Permit from the Department.

B.

Director's review. The Director shall review the application and inspect the tree(s) in question to determine how the standards listed in Section 9-38.080 (Standards for Granting or Disapproving Tree Removal Permits), below are applicable or if the exceptions identified in Section 9-38-090 (Exceptions), below are applicable to the request.

(§ 5, Ord. 1085, eff. January 6, 2006)

The Director shall give priority to tree inspection requests based upon threats to public health and safety. The Director may defer action on the Tree Removal Permit and refer the request to the Commission for determination.

A.

Tree Removal Permit required.

1.

No protected tree shall be removed, relocated, cut down, or otherwise destroyed, unless a Tree Removal Permit has been first issued by the Director.

2.

The Director shall establish the format and information required for a Tree Removal Permit in compliance with this Chapter.

B.

Site inspection. Before issuance of the permit the Director shall inspect the premises involved and shall designate the tree(s) to be removed or moved.

C.

Director's determination required. A Tree Removal Permit shall not be issued for the removal or relocation of any tree on any parcel associated with a proposal for urban development, unless the project has been approved by the City or unless the Director determines that the immediate removal of the tree is required because of the condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services.

D.

Conditions of approval.

1.

If it is technically feasible to relocate a tree(s), the Director may condition a Tree Removal Permit to move the tree(s) to a location on or off the subject site.

2.

If a tree(s) is to be relocated to public property, the applicant shall submit to the City a written commitment to accept and maintain the tree(s) from the public agency which will receive the tree(s).

3.

The public agency shall have the option of refusing acceptance of the tree(s).

4.

If relocation of the tree(s) is not feasible, the Director may require that the appraised value of the tree(s) be used to replant trees on the subject site.

E.

Landscaping plans.

1.

Landscaping plans for a development project shall incorporate the conditions of approval of the Tree Removal Permit.

2.

Trees to be preserved in place and relocated trees shall be shown on the plans and the plans shall indicate where the appraised value of removed trees has been applied to upgrading the tree plantings beyond minimum planting requirements.

F.

Changes to the preservation plan.

1.

The Tree Removal Permit shall contain a description of any proposed change(s) to the tree preservation plan approved with a development project.

2.

The removal of any additional trees shall be supported by evidence submitted by the applicant that the trees cannot be saved as previously determined.

G.

Tree value appraisal.

1.

Where a tree(s) is proposed for removal that is associated with a proposal for urban development, or is located on a vacant parcel, the Director shall cause an appraisal of the value of the tree(s) to be prepared.

2.

When a tree(s) is associated with a proposal for urban development, the appraised value of the removed tree(s) shall be applied to upgrading the size of tree plantings associated with the project above minimum planting standards.

3.

When a tree(s) is proposed for removal that is not associated with a proposal for urban development, the Director may condition a Tree Removal Permit upon the replacement or relocation of the tree(s).

4.

The value of the replacement tree(s) shall be equal to the appraised value of the tree(s) to be removed.

5.

When a tree(s) proposed for removal is located on a vacant parcel, the appraised value of the tree(s) shall be used to establish the value of the replacement tree(s) planted on the subject site.

6.

An obligation for the planting of a replacement tree(s) may be recorded for a vacant property at the discretion of the Director if the value of the removed tree(s) is substantial.

7.

If the value of the tree(s) to be removed is substantial and it is not feasible to replant the total value of the tree(s) on the subject site, the permit may also be conditioned to require payment of a fee to the City to be used to plant trees elsewhere in the community.

8.

The amount of the fee shall consist of the appraised value of the tree(s) which cannot be replanted on the subject site.

9.

Trees for which no tree report has been required in compliance with Section 9-38.040(E) (Director may waive report or survey), above shall not be subject to appraisal or replacement by value.

H.

Exemption from tree relocation or replacement.

1.

In no case shall an applicant for a Tree Removal Permit be required to replace or otherwise pay for the value of any tree which the City has requested the applicant to remove because:

a.

Of the hazardous condition or location of the tree;

b.

So a public street may be constructed along an alignment determined or approved by the City Engineer; or

c.

An adequate line-of-sight distance may be achieved in order to ensure public safety.

2.

Trees for which no tree report has been required in compliance with Section 9-38.040(E) (Director may waive report or survey), above, shall not be subject to relocation or replacement.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Mandatory criteria. The determination by the Director to issue a Tree Removal Permit, shall be based upon the following criteria:

1.

The condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services, or, in the case of a mature native oak tree, interference with an addition to an existing single-family detached dwelling;

2.

The necessity to remove a protected tree in order to construct improvements which allow economic enjoyment of the property;

3.

The number of protected trees existing in the neighborhood;

4.

Good forestry practices (e.g., the number of healthy mature trees that a given parcel of land would support);

5.

Whether or not removal of the tree is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way;

6.

The suitability of the tree species for use in an urban area; and

7.

The tree has outgrown the space in which it was planted and is damaging surrounding pavement or structures.

B.

Notification of pending permit.

1.

Notification in writing shall be made to the Council, Commission, and City Manager of the pending issuance of a Tree Removal Permit.

2.

Notification shall include the criteria to be used in granting the permit based on the criteria identified in Subsection A (Mandatory criteria), immediately above.

C.

Action after seven days. Upon expiration of a minimum of seven days after notification, the permit shall be issued or disapproved.

(§ 5, Ord. 1085, eff. January 6, 2006)

The following activities are exempt from the provisions of this Chapter:

A.

Emergency situation. Cases of emergency where the Director, the Director of Public Works, or any member of a law enforcement agency or the Ventura County Fire Protection District, in the performance of their duties, determines that a tree poses an imminent threat to the public safety, or general welfare. If conditions and circumstances permit, the public official shall consult with the Director before ordering the removal of any mature tree.

B.

Traffic Engineer. Removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the City Traffic Engineer.

C.

Public right-of-way. Removal of trees from within the public right-of-way, as authorized by the Director of Public Works.

D.

Public utility damage. Actions taken for the protection of existing electrical power or communication lines or other property of a public utility.

E.

Nursery. Trees planted, grown, or held for sale by a tree/plant nursery.

F.

Park District. Removal of trees on property owned by the Rancho Simi Recreation and Park District, as authorized by the District.

G.

Ventura County Property Administration. Removal of trees on property owned by the Ventura County Property Administration, as authorized by that agency.

H.

Pruning and trimming. Pruning or trimming which does not endanger the life of the tree.

I.

Single-family dwelling. Trees within the private yards of single-family dwellings, with the exception of mature native oak trees and historic trees, are not protected trees.

J.

Values of less than $1,000.00. When tree removals do not include oak trees and the City's Landscape Architect has determined that the total value is less than $1,000.00, a Tree Report and Tree Removal Permit shall not be required. The Director shall require the tree's value be replaced on the site.

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012)

A.

Proper restitution. In addition to the penalties identified in Chapter 9-78 (Enforcement), any person who violates the provisions of this Chapter is responsible for proper restitution and shall be required by the Director to plant on the subject property, or donate to the City, trees which have a value of twice that of the removed tree(s).

B.

Determination by Director. The number, size, and location of the trees shall be determined by the Director.

(§ 5, Ord. 1085, eff. January 6, 2006)

Decisions of the Director may be appealed to the Commission and decisions of the Commission may be appealed to the Council in compliance with Chapter 9-76 (Appeals).

(§ 5, Ord. 1085, eff. January 6, 2006)