HomeMy WebLinkAboutTree Preservation Ordinance ' A
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: City Manager and City Council
FROM: Director of Community Development/Planning
DATE: January 28, 1988
SUBJECT: Tree Preservation Ordinance
Attached is a proposed tree preservation ordinance for the City of Palm Desert.
If it meets with council's approval, staff should be directed to proceed with
necessary public hearings leading to enactment. kOhi
RAMON A. DIAZ ^
DIRECTOR OF ITY DEVELOPMENT/PLANNING dAV¢c47/ J�-
/tm Gx f
CITY COUNCIL ACTION:
APPROVED DENIED
RECEIVED C�...:.,:,p .�i�JQ.� ct,C 4-
MEETING 1Al`t J4 rfj- -. — 7 42A ,0,1 , iuvx-e-
AYES' - 14.1ez _ d - i7i77u� •
NOES:
ABSENT:
ABSTAIN. -- -
VERIFIED BY:
Original on Fil with City Ci.e; c's
•
Sec. 1 Purpose.
It is the determination of the Palm Desert City Council that proper
and necessary steps be taken in order to protect and preserve mature trees,
especially where those mature trees are associated with development proposals,
in order to protect Palm Desert's health, safety and general welfare.
The preservation of mature trees on private property is important for the
following reasons:
(a) To protect property values.
(b) To encourage and assure the continuance of quality development.
(c) To protect and conserve the aLLLactiveness and aesthetic and
scenic beauty of Palm Desert.
(d) To protect the environment of Palm Desert.
(e) To aid in the reduction of air pollution by protecting the known
capaCity of trees to produce oxygen and ingest carbon dioxide.
(f) To help reduce potential damage from wind.
(g) To provide shade.
(h) To act as noise mitigator.
(i) To assist in the absorption of rainwater into the ground thereby
protecting against potential damages from soil erosion and flooding
reducingthe cost of handlingstorm water as well as
by artificial means.
Sec. 2 Definitions.
(a) City shall mean the City of Palm Desert.
(b) Director shall mean the Palm Desert Director of Community
Development, or his designee.
(c) Mature Tree:
(1) A tree whose trunk has a circumference of fifty inches or
more, measured at twenty-four inches above the natural grade.
(2) A tree or grove of trees designated by council resolution to
be of special historical value or of significant community benefit.
(d) Owner shall mean the owner of the real property on which a
mature tree is situated as shown on the most recent Riverside County Assessor
equalized assessment role.
(e) Person shall mean an individual, firm, association, corporation,
and its agents, employees or representatives.
(f) Private property shall mean and include all property not owned
by a public agency.
Sec. 3 Council designation of trees of historical value or significant
community benefit.
(a) Council may by resolution designate a tree or grove of trees to
be of historical value or significant community benefit.
(b) The director, landowner, or any interested person may request
such designation of a tree or grove of trees.
(c) The city clerk shall notify the landowner in writing, personally
or by certified mail, at least ten days before council intends to so designate
a tree or grove of trees. Notice shall be waived if the landowner requests
the designation.
TREE ORDINANCE
Sec. 4 Permits required to remove or destroy trees.
No person shall cut down, destroy, remove or move a mature tree, or tree
designated as having historical value or significant community benefit from
private property or city-owned property without a permit.
Sec. 5 Applications for and granting of tree removal permits.
(a) A person desiring to destroy, move, or remove any mature tree,
or tree of historical value or community benefit on private or city-owned
property shall apply in writing to the director. Such application shall
contain the number, species, size, and location of the tree or trees involved,
a brief statement of the reason for the requested action, and other pertinent
information.
(b) Within fourteen (14) days after the receipt of the application
the director or his appointed representative shall inspect the premises and
the tree or trees and shall issue a proposed decision determining which, if
any, trees may be destroyed, moved, or removed and setting forth the conditions
to be imposed.
(c) The granting of such permit shall be based on the following
criteria:
(1) The condition of the tree with respect to disease, general
health, damage, public nuisance, danger of falling, proximity to existing or
proposed structures, interference with utility services, and its ability to
host a plant which is parasitic to another tree which is in danger of being
infested by the parasite.
(2) Whether the requested action is necessary for the economic
or other enjoyment of the property.
(3) The topography of the land and effect of the requested
action on it.
(4) The number, species, size, and location of existing trees
in the area and the effect of the requested action upon shade, noise buffers,
protection from wind damage, air pollution, historic value, and scenic beauty
and upon the health, safety, prosperity, historic value, and general welfare
of the area and the city as a whole.
(5) The number of healthy trees the parcel is able to support.
(6) Good forestry practices.
(d) The director may refer the application to another department,
committee, or person for a report and recommendation. The director may also
require the applicant to furnish a written report from an independent tree
expert acceptable to the director.
(e) In his proposed decision on an application for such permit, the
director may attach reasonable conditions to insure compliance with the
content and purpose of this chapter. If a permit is to be denied or conditions
attached, the director shall provide the applicant with a written statement of
the reasons for the denial or conditions.
The director shall give priority to those applications based upon disease
or hazards to persons or property.
2
TREE ORDINANCE
Sec. 5 Emergencies.
(a) In the event the condition of a tree requires immediate action
for the safety of life or property, the tree may be removed upon the order of
the director or a member of the Palm Desert Police Department or Fire
Department.
(b) Employees of the city may take such action with regard to trees
on city-owned property as may be necessary to maintain safety.
(c) Public utilities subject to the jurisdiction of the Public
Utilities Commission of the State, without a permit, may take such action as
may be necessary to comply with the safety regulations of the commission and
as may be necessary to maintain a safe operation of their facilities.
Sec. 6 Preservation and maintenance of existing mature trees and trees of
significant community benefit.
(a) When proposed developments encroach into the dripline of a
heritage tree, the director may require special construction to allow the
roots to breathe and obtain water as a condition for building or zoning permit.
(b) The existing ground surface within four (4) feet (measured
horizontally) of the base of a heritage tree shall not be cut, filled,
compacted, or pared. Tree wells may be used where advisable. An excavation
adjacent to a heritage tree shall not be permitted if material damage to the
root system may result.
Sec. 6 a. Building permits.
If an applicant for a building or zoning permit would require the
destruction, moving, or removal of a mature tree or trees of significant
community benefit, the applicant shall be required to obtain a permit under
this chapter for the removal or destruction of said tree or trees.
Sec. 6 b. Notices of actions on permits and appeals.
(a) The director shall give public notice of his proposed decision
by:
(1) Posting a notice on the tree or one of the grove of trees;
or
(2) Delivering a notice in person or by first-class mail to a
person who has made a written request to the director.
(b) Within fifteen (15) days, the decision may be appealed to the
council by filing a written notice of appeal with the city clerk.
(c) The council shall fix the time and place for the hearing of the
appeal and shall cause the city clerk to mail a written notice of the hearing
to the appellant and the persons mentioned in subsection (2) of subsection (a)
of this section at least five (5) days before the hearing. The council shall
determine all questions raised on the appeal, and its decision shall be final.
3
TREE ORDINANCE
(d) If no appeal is filed, the director shall act on his proposed
decision.
Sec. 7 Exceptions: Projects requiring discretionary zoning permits or
approval.
Any project or development proposed for property on which a heritage tree
or trees exist shall be excepted from obtaining a permit from the director
provided the preservation, removal, or replacement of said tree or trees
is addressed in one or more of the approvals for any such permit or zoning
approval.
/tm
4