The City Council finds that oak trees and heritage trees are of significant aesthetic, ecological, and historical value for the City of Westlake Village and that the preservation and propagation of this unique, irreplaceable plant life is in the best interests of the residents of the City. The purpose of this Chapter is to protect such trees against indiscriminate removal and inappropriate maintenance so as to preserve the distinctive character of the City and allow for development in a manner consistent with the health and welfare of the community.

(Ord. No. 292-22, § 2, 6-8-2022)

For the purposes of this Chapter, the following definitions shall apply:

A.

"Damage" means any act causing injury to the root system or other parts of a tree including but not limited to cutting, nailing, burning, application of toxic substances, operation of equipment or machinery, or by paving, changing the natural grade, trenching, excavating, or building within five (5) feet beyond the dripline or fifteen (15) feet from the trunk, whichever is greater. In the case of a heritage tree, "damage" also means depriving the tree of any care or protection specified in the City Council's heritage tree designation resolution for the tree.

B.

"Heritage tree" means a tree designated by City Council resolution pursuant to Section 9.21.030 to be of special community value as an aesthetic, ecological, or historical resource.

C.

"Oak tree" means a deciduous or evergreen tree of the oak genus (Quercus sp.).

D.

"Protected tree" means either a designated heritage tree, or an oak tree that meets either of the following criteria:

1.

Is twelve and one half (12.5) inches or more in circumference (four (4) inches in diameter) as measured four and one-half (4.5) feet above mean natural grade.

2.

In the case of an oak with more than one trunk, has eighteen (18) inches or more in combined circumference (six (6) inches in diameter) for any two (2) trunks as measured four and one-half (4.5) feet above mean natural grade.

E.

"Qualified arborist" means an arborist certified by the International Society of Arboriculture.

(Ord. No. 292-22, § 2, 6-8-2022)

A.

The City Council may designate heritage trees, and may rescind a heritage tree designation, by resolution following a public hearing noticed pursuant to Chapter 9.32 of this Article. At least ten (10) days prior to the hearing date, the owner of the subject property shall be given written notice of the hearing by registered or certified mail, postage prepaid, return receipt requested.

B.

The City Council may make a heritage tree designation for a non-oak tree if it finds that the tree has special community value as an aesthetic, ecological, or historic resource. The findings supporting a heritage tree designation, and any special care or protection requirements, shall be set forth in the resolution making the designation.

C.

The Director shall prepare and maintain an inventory of heritage trees.

(Ord. No. 292-22, § 2, 6-8-2022)

The provisions of this Chapter shall not apply to:

A.

A protected tree that is in a hazardous or dangerous condition and poses an imminent threat to life and property as determined by a qualified arborist. This exemption shall also apply to trees that are determined by a qualified arborist to be dead or dying.

B.

Alteration or removal of a protected tree that is deemed necessary by the City Engineer to protect, maintain, repair and/or provide clearance for existing private streets and public infrastructure, including public rights-of-way, public parks, and public utilities.

C.

Routine maintenance intended to ensure the continued health of a protected tree. "Routine maintenance" means the trimming of live tree branches less than four (4) inches in diameter at their widest point and the removal of deadwood. "Routine maintenance" does not include the removal of more than twenty percent (20%) of a protected tree canopy within one (1) year, and under no circumstances shall routine maintenance include lion tailing cuts, topping cuts, or cuts that leave branch stubs.

(Ord. No. 292-22, § 2, 6-8-2022)

Except as otherwise provided in Sections 9.21.040 and 9.21.060, no person shall alter, destroy, disfigure, remove, relocate, or otherwise damage on any protected tree on any lot or parcel of land within the City, unless a protected tree permit is approved by the City Council in accordance with the provisions of this Chapter.

(Ord. No. 292-22, § 2, 6-8-2022)

A.

If proposed trimming or pruning of a protected tree consists of cutting live branches over four (4) inches in diameter but the proposed cuts will not adversely impact the health of the tree, as determined by a qualified arborist, the Director may approve such a request administratively without a public hearing. Additionally, if a proposed encroachment into the protected zone of a tree will not adversely impact the health of the tree, as determined by a qualified arborist, the Director may approve such a request administratively without a public hearing. The applicant shall be required to submit a permit application that meets all requirements of Section 9.21.080. Any person aggrieved by the decision of the Director on an administrative tree permit request may appeal such action to the City Council pursuant to the procedures enumerated in Chapter 9.32. Requests for the removal of any protected tree that do not meet the requirements of Section 9.21.040 will require approval by the City Council.

B.

Upon review of the administrative tree permit application, the Director shall render a decision. If the Director determines that the findings below cannot be met, the Director may deny the permit request or refer the request to the City Council. The application shall be approved if the tree report demonstrates, and the Director affirmatively finds, at least one of the following for each protected tree involved:

1.

The condition of the protected tree requires cutting to preserve its health, structure, and/or maintain its balance.

2.

The protected tree will not be harmed or damaged by a proposed encroachment, and any construction on the property can be accomplished without endangering the health of any other protected trees on the subject property.

3.

The requested cuts are necessary to protect existing development from damage from the protected tree, and the cuts will not adversely impact the health of the protected tree.

(Ord. No. 292-22, § 2, 6-8-2022)

A.

Consideration of any action described in Section 9.21.050 shall be initiated upon the filing of an application for a protected tree permit by the owner of the subject property or by the owner's authorized representative.

B.

Applications shall be submitted on a form provided by the City and shall be accompanied by the permit fee specified by City Council resolution and a tree report prepared by a qualified arborist. The City reserves the right to have a third-party qualified arborist peer review the tree report at the cost of the applicant.

1.

A tree report that proposes the alteration of a protected tree shall include:

a.

A written evaluation of the health of the protected tree accompanied by annotated exhibits that document all significant defects; and

b.

A detailed recommendation accompanied by annotated exhibits that describe all proposed cuts to the protected tree and why the cuts are necessary; and

c.

An analysis of the anticipated impacts of the proposed cuts on the health of the protected tree.

2.

A tree report that proposes the removal of a protected tree shall include:

a.

A written evaluation of the health of the protected tree accompanied by annotated exhibits that document all significant defects; and

b.

A recommendation that details why removal of the tree is necessary.

C.

No application shall be filed or accepted if final action has been taken within one (1) year prior thereto on an application requesting the same or substantially the same permit.

(Ord. No. 292-22, § 2, 6-8-2022)

A.

When a complete protected tree permit application has been filed, notice of a public hearing for the requested permit shall be given in a manner consistent with the provisions of Sections 2.3.005 and 9.32.030 and Government Code Section 65091. The public hearing shall be conducted consistent with the provisions of Chapter 9.32 of this Article.

B.

In the event a protected tree permit application is submitted in conjunction with another entitlement application, the protected tree permit application shall be considered concurrently.

(Ord. No. 292-22, § 2, 6-8-2022)

A.

Upon review of the application and consideration of the written and oral evidence received at the public hearing, the City Council shall render its decision. The application shall be approved if the applicant demonstrates, and the City Council affirmatively finds, any of the following for each protected tree involved:

1.

The alteration or removal of the protected tree cannot be reasonably avoided by redesigning the location or nature of any proposed improvements on the property which have caused the need to alter, remove, or encroach upon the protected tree.

2.

The alteration or removal of the protected tree is necessary in order to construct new required improvements to public infrastructure, including public rights-of-way, public parks, and public utilities.

3.

The alteration or removal of the protected tree is necessary because the tree has outgrown the space in which it was planted and is damaging, or will foreseeably damage, surrounding pavement or structures.

4.

The removal of the protected tree is necessary because, due to the poor health and/or structure of the tree, it is foreseeable that the tree will experience structural failure and the tree is in close proximity to existing structures and/or high pedestrian traffic areas.

B.

Removal or relocation of a protected tree shall not be permitted if it will result in soil erosion through the diversion or increased flow of surface waters that cannot be satisfactorily mitigated.

C.

The approval of any application under this Section may be subject to such reasonable conditions as will promote the purpose of this Section, including but not limited to:

1.

On-site replacement of a removed protected tree may be required, if deemed appropriate by the City Council, with trees of a suitable type, size, number, and at an appropriate location. In general, replacement trees should be at least a twenty-four (24) inch box, or larger, and should be placed at an appropriate ratio of one (1) to four (4) new trees for each protected tree removed. In considering whether replacement trees should be required, and the quantity and size of the replacement trees, the City Council shall consider, in addition to any other relevant factors: the vegetative character of the surrounding area; the aesthetic loss caused by the removal of a protected tree; the number of protected trees to be removed; the reason for the removal, including whether the tree was poorly maintained; and the number of protected trees to remain on the property.

2.

If on-site replacement of a removed protected tree cannot feasibly be provided, and the City Council determines that mitigation is appropriate, off-site replacement may be required.

3.

The preparation and implementation of a plan for the protection of trees or the planting of replacement trees may be required as part of mitigation. A tree protection plan may include the following, as applicable: installation of fencing; limitations on the type of equipment to be used near trees; corrective measures to remedy defects in trees; and adequate supervision by a qualified arborist. A replanting plan may include the following, as applicable: the posting of a bond to the satisfaction of the City to guarantee the survival of trees to be replaced or relocated for a period of five (5) years from the date that such trees are replaced or relocated and details regarding monitoring and irrigation to the satisfaction of the Director. If replacement trees die within the five (5) year monitoring period, new replacement trees shall be planted and the five (5) year monitoring period shall recommence.

4.

Recordation of covenants, conditions, and restrictions (CC&Rs), or a deed restriction providing information concerning the proper care, watering, and maintenance of protected trees on the subject property. The CC&Rs or deed restriction shall be in a form approved by the City Attorney.

(Ord. No. 292-22, § 2, 6-8-2022)

A.

Proceedings for the revocation of a protected tree permit may be initiated by the City Council. Upon initiation of a revocation, the City Council shall conduct a hearing with notice given in the same manner as set forth in Section 9.21.080 except that notice to the owner shall be by certified mail or personal service.

B.

After the hearing, the City Council shall revoke the permit if any of the following findings are made:

1.

Approval was obtained by fraud, deceit, or misrepresentation.

2.

The owner is not or has not been in compliance with the mitigation measures or conditions contained in the approval, or with the provisions and requirements of this Section.

C.

The decision of the City Council shall be final.

(Ord. No. 292-22, § 2, 6-8-2022)

After a protected tree permit has been approved, modification of the conditions imposed, including additions and deletions, may be considered by the City Council upon filing of a written application by the owner, or by the owner's authorized representative. Any such application for a modification shall be subject to the notice and hearing procedures set forth in Section 9.21.080. A modification of the permit may be granted upon a finding that the approved permit or a change of circumstances has created a substantial hardship for the owner and that any such modification will be in conformance with the requirements of this Chapter.

(Ord. No. 292-22, § 2, 6-8-2022)

An approved protected tree permit that is not used within the time specified in the approval or, if no time is specified, within one (1) year after the granting of such approval, shall become automatically null and void and of no effect, except that where an application requesting an extension is filed prior to such expiration date, the Director for good cause shown may extend such time for a period of not to exceed one (1) year. The Director may attach to any such extension reasonable conditions necessitated by the delay in acting upon the permit. An action to attach conditions to an extension may be appealed in accordance with Chapter 9.32.

(Ord. No. 292-22, § 2, 6-8-2022)

A.

The Planning Department, through its code enforcement officers, shall enforce the provisions of this Chapter. The Director, or their designee, shall investigate any suspected violations of this Chapter.

B.

Whenever any activity is being performed in violation of the provisions of this Chapter, or an approved permit, the Director shall issue a written notice to the reasonable party to stop construction or work until the responsible party has corrected the violation and the Director determines that the construction or work may proceed.

C.

In interpreting the provisions of Section 1.2.005 as they apply to this Chapter, each individual protected tree damaged as defined in Section 9.21.020(A) shall be deemed a separate offense.

D.

Any person who damages a protected tree as defined in Section 9.21.020(A) on any parcel of land within the City without first obtaining approval of a permit pursuant to this Chapter shall be subject to the following remedies in addition to any available penalties set forth in Chapter 1.2:

1.

Suspension of concurrent development permit approvals until all corrective measures imposed by the City are satisfactorily completed.

2.

Completion of all corrective measures imposed by the City.

E.

Any person who damages a protected tree as defined in Section 9.21.020(A) on any parcel of land within the City without first obtaining approval of a permit may be required, at the City Council's discretion, to do one or more of the following:

1.

Perform annual monitoring of the damaged protected tree(s) using the services of a qualified arborist and submit annual reports prepared by a qualified arborist that evaluate the health of the damaged tree, including annotated exhibits that document the recovery progress of the subject tree(s).

2.

Replace the damaged protected tree(s) by the donation of one (1) or more oak or heritage trees of reasonable equivalent size and value to the damaged protected tree. The City Council shall determine the number and size of required donations.

3.

Replace the damaged protected tree(s) by replanting one (1) or more oak or heritage trees of reasonable equivalent size and value to the damaged protected tree. The City Council shall determine the number, size, and location of required replanting."

(Ord. No. 292-22, § 2, 6-8-2022)