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CITY COUNCIL AGENDA REPORT IT lveli 3 µa }ham?tcmr
BY:-
TO: The Honorable City Council !
FROM: Mary K. Lindley, Director of Community Services
DATE: March 19, 2002 (CC Meeting of April 3, 2002)
SUBJECT: Consider the Review of the Moorpark Municipal
Code Sections 12.08 and 12.12, Regarding Trees
and the Peach Hill HOA Tree Removal Request
At the City Council's request, this agenda item is
presented to initiate a review of the City's tree polices.
It is proposed that the Council establish an Ad Hoc
Committee to review appropriate Municipal Code sections and
return to the full Council with a recommendation.
Additionally, the City is in receipt of a request from the
Peach Hill Homeowners Association to remove a significant
number of trees over time. Since the two issues are
related, it is also proposed that the aforementioned
proposed committee review the Association request
concurrently with the review of the Municipal Code.
BACKGROUND
At its March 6, 2002, meeting, the City Council requested
that staff agendize a review of the City's Municipal Code
in regards to trees. The City addresses trees in two
section of the Municipal Code: Section 12.08, Trees, Shrubs
and Plants; and Section 12.12, Historic Trees, Native Oak
Trees and Mature Trees.
The two Code sections are summarized as follows:
Municipal Code Section 12.08, Trees, Shrubs and
Plants: This section identifies the City's desire to
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preserve all trees in the City, including, but not
limited to, trees which are creating damage to surface
improvements or underground facilities or which are
diseased, or located where construction is considered.
The Code Section goes on to identify individuals
responsible for trees on public and private property
and the process the City shall undertake to gain
compliance from private property owners. (see
Attachment A)
Municipal Code Section 12.12, Historic Trees, Native
Oak and Mature Trees: This section identifies the
City's desire to protect and preserve mature, native
and historic trees where possible, and covers trees on
public and private property and within urban
developments (development projects). Generally, the
Section states that no mature, native, or historic
tree may be removed without an approved tree permit
(except trees in rear and side yard not abutting a
public street) . Tree removals may be granted for the
following reasons: a) the condition of the tree poses
a danger; b) the removal is necessary to construct
improvements which allow economic enjoyment of the
property; c) the number of historic, mature, or native
trees existing in the neighborhood is sufficient; d)
good forestry practices support the removal; e) to
facilitate construction of required improvements in
the right -of -way; f) suitability of the tree species
in a specific area. (see Attachment B)
During the 2001 calendar year, the City processed 80 tree
removal permits. An additional 14 tree removal requests
were denied. A copy of the City's tree removal permit is
attached to this report (Attachment C). Occasionally, we
receive reports that trees have been removed without City
consideration. In these cases, staff attempts to secure the
owners cooperation to plant a replacement tree. While the
Code states that a violation of Chapter 12.12 is a
misdemeanor, the City has not prosecuted violators.
Tree Removal Request
The City is in receipt of a request from the Peach Hill
Homeowners Association (See Attachment D) requesting
approval for the removal of 64 Eucalyptus trees. According
to the HOA, within the property of the Association there
are 131 existing Eucalyptus trees. The trees create an
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abundance of shade and debris, and the maintenance of the
trees is expensive. The HOA is proposing to remove the
trees in phases over the next three to four years.
As background, in 1989 the HOA requested removal of 88
Eucalyptus trees throughout the tract. The City Council
approved the request.
City staff has inspected the HOA trees in the area between
Quail Summit Road and the back of Peach Hill School.
Additionally, the City had these trees reviewed by a
licensed arborist. The trees proposed for removal by the
HOA in the other greenbelt areas within the HOA property
have not been reviewed by the City.
While most of the trees in the aforementioned area have
been heavily pruned and topped, and as a result they have
significant sucker growth, they are all healthy and do not
appear to pose a concern of failing, nor do they interfere
with existing property improvements. However, it is
acknowledged that a majority of the trees are close to back
property lines of the residences and that in some cases
they block the sun and create some maintenance obligations
on the part of the HOA and individual homeowners from
falling bark and leaves.
DISCUSSION
Because of the Council's interest in reviewing City tree
policies and the receipt of the Peach Hill HOA's tree
removal request, staff recommends that discussion of these
two issues be combined. To assist with the Council's
efforts, it is proposed that a Council Ad Hoc Committee of
two Councilmembers and City staff be formed. The Ad Hoc
Committee would present its recommendation to the full
Council at a future meeting.
With regards to the tree removals in the area adjacent to
Peach Hill School, staff recommends allowing the HOA to
remove 10 trees, provided the HOA plants '10 new trees of a
different species than Eucalyptus (possibly Oak) in the
general area of the existing Eucalyptus, but further back
from the residential property line. Staff would approve the
specific trees to be removed and the species and location
of the 10 replacement trees. This is consistent with the
City's current Municipal Code.
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As an option, the City Council could choose to direct the
postponement of any tree removals concerning the Peach Hill
Homeowners Association until the Ad Hoc Committee has had
an opportunity to review the entire phased request. As
stated above, the trees do not pose increased hazard and a
delay in the City's decision can be accommodated.
RECOMMENDATION
Appoint two Councilmembers to serve on an Ad Hoc Committee
to review the Moorpark Municipal Code Sections 12.08 and
12.12, and concur with staff's intent to approve the
removal of 10 Eucalyptus trees adjacent to the back of
Peach Hill School and the Peach Hill Homeowners
Association's obligation to plant 10 replacement trees,
species and location to be approved by staff.
Attachments:
A - MMC 12.08
B - MMC 12.12
C - Tree Removal Permit
D - Peach Hill HOA Leter
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E:\MLindley \Landscp Zones \tree ordinance ccagda.doc C—
or impairs the sight distance for safe pedestrian or vehicular
traffic. (Ord. 6 § 16 (part), 1983)
12.04.930 Maintenance of plantings.
The permittee shall maintain hedges, shrubs or other
plantings and fences or similar structures in a neat and
orderly condition. If the encroachment is not so maintained
the commissioner may direct the permittee to remove the
encroachment and restore the right -of -way to its former
condition at the expense of the permittee. (Ord. 6 § 16
(part), 1983)
Article VIII. Appeals and Penalties
12.04.940 Appeals.
A. Any person aggrieved by the refusal or revocation
of a permit may appeal to the board of supervisors within
thirty (30) days after the date of such action. The appeal
shall be in the form of a written notice filed with the clerk
of the board of supervisors and signed by the applicant.
The notice shall have attached a copy of the application
as filed with the commissioner, shall recite such other items
as have been filed, and shall state clearly and concisely
the grounds upon which the applicant relies in his appeal.
B. The clerk of the board of supervisors shall set the
matter for hearing fifteen (15) days after the notice is filed,
and shall notify the applicant and the commissioner of the
setting.
C. At the hearing, the applicant shall establish to the
satisfaction of the board that he is entitled to issuance of
a permit under this chapter or to reinstatement of a permit
previously revoked. The commissioner may present his
grounds for denial or revocation of the permit. The decision
of the board is final. (Ord. 6 § 16 (part), 1983)
12.04.950 Violation — Penalty.
Every person who performs any work regulated by this
chapter, either without first obtaining a permit therefor from
the commissioner or having a permit, fails or refuses to
comply with any applicable provisions of this chapter with
any condition of the permit or performs work contrary to
any of the general or special requirements or specifications
of the permit, is guilty of a misdemeanor, and is guilty
of a separate offense for every day during any part of which
such violation occurs. (Ord. 6 § 16 (part), 1983)
227
ATTACHMENT-A
12.04.920
Chapter 12.08
TREES, SHRUBS AND PLANTS
Sections:
12.08.010
City policy.
12.08.020
Enforcement and implementation
authority.
12.08.030
Trees on public property—
Responsibility.
12.08.040
Trees on private property—
Responsibility.
12.08.050
Diseased or infested trees —
Removal or replacement.
12.08.060
Prohibited acts.
12.08.070
Native plants.
12.08.080
Plantings on public property.
12.08.090
Interference with visibility at
intersections prohibited.
12.08.100
Excavations or street work —
Protection of trees.
12.08.110
Development landscape fee.
12.08.120
Nonliability of city.
12.08.130
Appeals.
12.08.010 City policy.
Consistent with Chapter 12.12 of this title regulating
the preservation, cutting and removal of historic trees, native
oak trees and mature trees and with Resolution 88 -520
setting forth Guidelines for a Master Tree Plan, it shall
be the city's policy to utilize whatever techniques, methods
and procedures are required to preserve, whenever feasible,
all trees in the city including, but not limited to, trees which
are creating damage to surface improvements or under-
ground facilities or which are diseased, or located where
construction is being considered or will occur. (Ord. 102
§ 1 (part), 1988)
12.08.020 Enforcement and implementation
authority.
The director of community services ( "director") shall
enforce, implement and carry out the policy, provisions
and regulations of this chapter in a manner which is consis-
tent with other established policies of the city. (Ord. 102
§ 1 (part), 1988)
12.08.030 Trees on public property—
Responsibility.
The director of community services shall be responsible
for the preservation of, and when required, the removal
of all trees on public property. (Ord. 102 § 1 (part), 1988)
-a
12.08.040
12.08.040 Trees on private property—
Responsibility.
A. It shall be the responsibility of the property owner
or the occupant to prevent any tree, shrub or plant on his
private property from overhanging or projecting into public
property. The director shall have the authority to require
the property owner or the occupant to prune, trim, cut down
or remove any such tree, shrub or plant, or parts thereof,
if it appears to the director to be dead, liable to fall, danger-
ous, an obstruction to public travel, or is not pruned or
trimmed to a height of fourteen (14) feet, six (6) inches
above the paved portion of the street to accommodate such
vehicles as garbage trucks, buses, moving vans and street
maintenance trucks. Except in a case of manifest public
danger and immediate necessity, no such tree, shrub or
plant shall be pruned, trimmed, cut down or removed by
the director unless the director has given the property owner
and the occupant ten (10) days' written notice to take
corrective action. If the necessary corrective action is not
taken by the property owner or his occupant within (10)
days, the director shall perform the services and the cost
thereof shall be assessed to the property owner, including
the cost of labor (including overhead), equipment and
materials.
B. It shall be the responsibility of the property owner
or his occupant to treat or remove any tree, shrub, plant,
grass or other vegetation on his private property, if it is
so diseased or insect- infected as to constitute a hazard to
other trees, shrubs or plants. The director shall have the
authority to require the property owner or the occupant
to take such action as is necessary to control insects, scales,
parasites, fungi and other injurious pests or diseases. The
director shall notify the property owner and the occupant
in writing, describing the conditions, stating the control
necessary for correction, and provide thirty (30) days within
which the required steps must be taken. If the property
owner or the occupant questions the necessity for such
action, the director shall refer the matter to a plant patholo-
gist whose decision shall be final. If necessary corrective
action is not taken within the time specified, the director
is authorized in the public interest, to enter on the property
in question and to spray, trim, prune or treat or remove
all or any part of the tree, shrub, plant, grass or other
vegetation determined to be infested or diseased. The charge
assessed to the property owner shall be equal to the cost
of labor (including overhead), equipment and materials.
Nothing in this section prevents the director from taking
immediate action for removal if he determines that such
action is necessary for the public health, safety or welfare.
(Ord. 102 § I (part), 1988)
12.08.050 Diseased or infested trees — Removal
or replacement.
A. If any tree on public property is infected or infested
with insects, pests or disease, the director shall cause such
condition to be treated or, if any such tree is infected or
infested to such a degree that the condition cannot be
eradicated by treatment, the director may order the removal
and/or replacement of the tree.
B. The director, after unsuccessfully utilizing all
techniques, methods and procedures which he deems reason-
able to save trees planted on public property which are
dead, dying, in a dangerous condition, unsafe or likely to
cause damage, shall remove and/or replace such trees. (Ord.
102 § 1 (part), 1988)
12.08.060 Prohibited acts.
No person, except authorized city personnel, shall
remove, destroy, deface or injure any tree on public property
by any means including, but not limited to, the following:
A. By pouring any material on any tree or on the
ground which would be harmful to the tree;
B. By attaching any sign or notice or other object on
any tree or fastening any guy wire, cable, rope, nails or
screws or any other device to any tree, except that agencies
may, under the supervision of the director, temporarily
affix no- parking signs to trees when necessary in con-
junction with activities in the public interest, such as street
improvement work, tree maintenance work or parades;
C. By causing or encouraging any unnecessary fire
or burning near or around any tree;
D. By constructing a concrete, asphalt, brick or gravel
surface, or otherwise covering the ground within a one
(1) foot radius of any tree so as to shut off air or water
from the roots, except under written authority from the
director. (Ord. 102 § 1 (part), 1988)
228
12.08.070 Native plants.
It is unlawful for any person to dig up, pick, break off,
cut or destroy any native tree, plant, berry- bearing shrub,
fern or any wild flower, or to pick, break off or cut any
bud, bloom or blossom from any of said plants, trees or
shrubs within three hundred (300) feet of the middle of
any leveled road or highway within the county, unless,
in the case of private lands, the owner thereof gives his
written consent thereto. (Ord. 6 § 14 (part), 1983)
12.08.080 Plantings on public property.
A. No person shall plant any tree or any shrub or plant
with a mature height in excess of thirty -six inches on any
public property of the city without written permission from
the director.
B. Any tree, shrub or plant planted in violation of
subsection A of this section may be removed by the direc-
tor. The director shall notify the abutting property owner
in writing, listing the unlawfully planted trees, shrubs or
plants, ordering their removal, and provide thirty (30) days
within which removal shall be accomplished. In the event
removal is not accomplished within the specified time, the
director is authorized to remove the trees, shrubs or plants
and the cost thereof shall be assessed to the property owner.
The charge assessed the property owner shall be equal to
the cost of labor (including overhead), equipment and
materials. (Ord. 102 § 1 (part), 1988)
12.08.090 Interference with visibility at
intersections prohibited.
No trees shall be planted within twenty (20) feet of the
intersection of one county highway right -of -way line with
another county highway right -of -way line. (Ord. 6 § 14
(part), 1983).
12.08.100 Excavations or street
work — Protection of trees.
A. Any tree growing upon public property near any
excavation, construction or street work shall be sufficiently
guarded and protected by those responsible for such work
so as to prevent any injury to the tree.
B. No person shall excavate any ditches, tunnels or
trenches, or install pavement within a radius of four (4)
feet from any tree on public property without the written
permission of the director. (Ord. 102 § 1 (part), 1988)
12.08.110 Development landscape fee.
A. The development of projects of residential, commer-
cial and industrial nature removes land from its natural
state and replaces the natural state and natural landscape
with manmade structures.
B. In order to ensure that there is a certain amount
of landscape remaining in the city in the way of trees, plants
and shrubs, the city shall impose a landscape fee on each
new project in an amount to be determined by resolution
of the city council. The fee shall be used for the installation,
maintenance and replacement of trees, plants and shrubs
on public property.
C. Landscape work in the city will provide a benefit
to those living and/or working in the new developments
by preserving the visual environment and the air quality,
both of which are impacted by new development. This fee
is separate and distinct from any other fee imposed. (Ord.
102 § 1 (part), 1988)
229
12.08.080
12.08.120 Nonliability of city.
Nothing in this chapter shall be deemed to impose any
liability upon the city or upon any of its officers or employ-
ees nor to relieve the owner and occupant of any private
property from the duty to keep trees and shrubs upon private
property or under his control or upon sidewalks and park-
ways in front of such private property in a safe condition.
(Ord. 102 § 1 (part), 1988)
12.08.130 Appeals.
A. Any decision by the director shall be appealable
by any aggrieved person to the city manager.
B. An appeal of the city manager shall be appealable
to the parks and recreation commission. Appeals of the
commission shall be heard by the city council.
C. All appeals shall be in writing, stating the decision
appealed from and reasons for the appeal, and filed within
ten (10) days of the decision being appealed. (Ord. 102
§ 1 (part), 1988)
V V V'�•J �1/
12.12.010
Chapter 12.12
HISTORIC TREES, NATIVE OAK TREES
AND MATURE TREES
Sections:
12.12.010
Purpose of provisions.
12.12.020
Applicability of provisions.
12.12.030
Definitions.
12.12.040
Removal— Prohibitions.
12.12.050
Urban development
proposals— Report guidelines.
12.12.060
Urban development proposals —
Tree preservation guidelines.
12.12.070
Tree removal permits —
Requirements.
12.12.080
Tree removal permits —
Standards for grant or denial.
12.12.090
Exemptions.
12.12.100
Damaging of trees prohibited.
12.12.110
Liability.
12.12.120
Appeals.
12.12.130
Violation— Penalty.
12.12.010 Purpose of provisions.
It is the determination of the council that proper and
necessary steps should be taken in order to protect and
preserve, to the greatest extent possible, mature trees, native
oak trees and historic trees, especially where such trees
are associated with proposals for urban development, as
such trees are a significant, historical, aesthetic and valuable
ecological resource. It is the intent of this chapter to main-
tain and enhance the general health, safety and welfare
of the citizens of the city by assisting in counteracting air
pollution, by minimizing soil erosion and other related en-
vironmental damage and by enhancing the aesthetic environ-
ment of the city. (Ord. 101 § 1 (part), 1988) .
12.12.020 Applicability of provisions.
The provisions of this chapter shall apply to all living
historic trees, native oak trees and mature trees, including
but not limited to, where those trees are associated with
proposals for urban development, on all public or private
property within the limits of the city, except as specified
in Section 12.12.090 of this chapter. (Ord. 101 § 1 (part),
1988)
12.12.030 Definitions.
For the purpose of this chapter, certain words and phrases
used in this chapter shall be defined as follows:
"Associated with a proposal for urban development"
means any land area for which an application for an entitle-
230
ATTACHMENT
ment, other than for a zone clearance, has been filed with
and is pending consideration by the city. If such entitlement
has been approved but the related project or applicable
phase thereof has not been completed, the city shall attempt
to work with the applicant to save as many trees which
are protected by this chapter as possible.
"Dripline" means the outermost edge of the tree's
canopy. When depicted on a map, the dripline will appear
as an irregular shaped circle that follows the contour of
the tree's branches as seen from overhead.
"Historic tree" means a living tree designated by reso-
lution of the city council as an historic tree because of an
association with some event or person of historical signifi-
cance to the community or because of special recognition
due to size, condition or aesthetic qualities.
"Lot" means an area of land created or established for
purposes of sale, lease, finance, division of interest or
separate use, separated from other lands by description
on a final map or parcel map.
"Mature tree" means a living tree with a cross- sectional
area of all major stems, as measured four and one -half
(41/2) feet above the root crown, of seventy-two (72) or
more square inches.
"Native oak tree" means a living tree of the genus
Quercus and species lobata, agrifolia, dumosa or hybrids
thereof. (Ord. 101 § 1 (part), 1988)
12.12.040 Removal — Prohibitions.
No native oak tree, historic tree or mature tree shall
be removed, cut down, or otherwise destroyed, except as
provided for in Sections 12.12.070 through 12.12.090. (Ord.
101 § 1 (part), 1988)
12.12.050 Urban development proposals —
Report guidelines.
A. Where one or more native oak trees, historic trees
or mature trees are associated with any proposal for urban
development, the director of community development or
his or her designated representative, shall cause a report
to be prepared on those trees, otherwise, tree removals
(public and private) shall be processed through the commu-
nity services department.
B. An applicant for a proposal for urban development
shall provide to the city the precise vertical and horizontal
location within plus or minus one (1) foot of each mature
tree on the subject parcel and the generalized locations
of all mature trees within twenty (20) feet of the project
boundary.
C. Tree reports shall be prepared by an arborist, horti-
culturist or registered landscape architect who are on a
list approved by resolution of the city council. Tree reports
shall include the following information:
i, C If,# AF -\ #-% v� ti x043
1. Tree type by common name and genus and species;
2. The diameter of trunks or main stems as measured
four and one -half (4' /x) feet above the root crown;
3. The average spread of each tree;
4. A letter grade for the health of each tree. Grades
employed shall be "A" for outstanding, `B" for good, "C"
for average, "D" for below average;
5. A letter grade for the aesthetic quality of each tree
employing those grades defined in subsection (C)(4) of
this section;
6. Disclosure of any significant disease or insect
infestations, heart rot, fire, mechanical or wind damage;
7. Recommended tree surgery, chemical treatment
or other remedial measures intended to improve the health,
safety or life expectancy of the tree;
8. Appraisal value of each tree which shall be es-
tablished and provided to the city using the most recent
edition of the Guide for Establishing Values of Trees and
Other Plants, prepared by the Council of Tree Landscape
Appraisers.
D. The director of community development, or his or
her designated representative, may waive the requirement
for a tree report or may waive the requirement for survey
of one (1) or more trees based upon the director's judgment
that the tree(s) would have little or no value in that location.
(Ord. 101 § 1 (part), 1988)
12.12.060 Urban development proposals —
Tree preservation guidelines.
A. Initial project layout, design and grading shall
recognize the desirability of preserving native oak trees,
historic trees or mature trees with appropriate modifications
and adjustments to accommodate preservation and mainte-
nance by locating the best candidates in areas where preser-
vation is feasible. Design of the grading and other improve-
ments 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 feeder roots;
3. Fencing of trees at or beyond their driplines during
grading and construction activities;
4. No filling, cutting, development or compaction of
soils within the dripline;
5. Such other measures required by the species of tree
to be preserved as recommended by the consulting arborist,
horticulturist or landscape architect.
B. It is recognized that the complete preservation of
healthy trees may sometimes conflict with normal land
developmental considerations such as proper drainage, grad-
ing, circulation, safety and provision of utilities. Within
a given development, it may not be practical to preserve
all healthy trees, and therefore, the city and the developer
12.12.050
must be willing to compromise the goal of complete tree
preservation in order to address other public safety and
design concerns. In such instances, the design of the de-
velopment must address preservation of the most desirable
and significant of the healthy trees and the developer is
encouraged to utilize creative land planning techniques
to achieve this end.
C. The planning commission of the city, when review-
ing development plans, shall determine the adequacy and
appropriateness of the proposed preservation plan.
D. Following approval of such a development, the de-
veloper shall submit grading, improvement and precise
landscaping plans detailing the approved preservation plan.
Such plans shall be approved by the city engineer and/or
the director of community development, as appropriate.
Prior to use inauguration, the preserved trees shall be
trimmed for balance, structural integrity, ornamental ap-
pearance and treated for any diseases.
E. The precise vertical and horizontal locations plus
or minus one (1) foot of all mature trees shall be shown
on an exhibit as part of the initial application for any project
unless that project would involve no exterior construction
activities. (Ord. 101 § 1 (part), 1988)
231
12.12.070 Tree removal permits —
Requirements.
The appropriate department shall give priority to inspec-
tion of those requests based upon hazardous conditions,
and may refer any request to the appropriate commission
for determination.
A. Permit Required. No native oak tree, historic tree
or other mature tree, where that tree is on public or private
property, except as provided for in subsection B of this
section, or is associated with a proposal for urban develop-
ment, shall be removed, cut down, or otherwise destroyed,
unless a tree removal permit has been issued by the city.
The director of community services shall establish the
format and information required for a tree removal permit
consistent with this chapter. In no event shall a permit be
denied if to do so would cause interference with the eco-
nomic use and enjoyment of the property.
B. Single Parcel Review Requirement. Permits for re-
moval of trees on any single parcel shall be required from
the appropriate commission or director or his designee as
follows:
1. For any historic tree on the parcel;
2. For removal of one or more historic trees, mature
trees or native oak trees when such trees are in the front
yard, side yard or rear yard which abuts a public street.
For purposes of this section only, "front yard" means that
portion of the property extending from the front of a
structure, forward to the front property line; the "side yard"
A
12.12.070
means that portion of the property extending from the side
of a structure in front to the rear property line; "rear yard"
means that portion of the property extending from the rear
of a structure backward to the rear property line, as shown
in the following diagram:
BACK YARD
SIDE YARD SIDE YARD
STRUCTURE
FRONT YARD
C. Site Inspection. Prior to the issuance of such permit,
the appropriate director, or his or her designee, shall inspect
the premises involved and shall designate the tree(s) to
be removed or moved. Failure to provide access to the
premises shall be grounds for denial of the permit.
D. Project Approval Required. No tree removal permit
shall be issued for the removal of any tree on any lot asso-
ciated with a proposal for urban development unless the
project has been approved by the city or unless the director
of community development, or his or her designee, de-
termines 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, proximi-
ty to an existing structure, or interference with utility ser-
vices.
E. Removal Not Associated with a Proposal for Urban
Development. Where tree(s) are proposed for removal that
are not associated with a proposal for urban development,
the director of community services, or his or her designee,
may condition a tree removal permit upon the replacement
of the certain tree(s). Any applicant for a tree removal
permit shall not be required to expend more on the replace-
ment tree(s) than the appraised value of the tree(s) for which
a permit is required. An appraisal shall be done in accor-
dance with Section 12.12.050C.
F. Removal Associated with a Proposal for Urban De-
velopment. Where tree(s) are proposed for removal that
are associated with a proposal for urban development, the
director of community development, or his or her designee,
shall cause an appraisal of the value of said tree(s) to be
prepared in accordance with Section 12.12.050C.
The resulting value shall be applied to upgrading the
size of tree plantings associated with the project. Trees
232
for which no tree report has been required pursuant to
Section 12.12.050D shall not be subject to appraisal or
replacement by value.
G. Tree Replacement Waiver. In no case shall an ap-
plicant for a tree removal permit be required to replace
or otherwise pay for the value of any tree which:
1. The city has directed the applicant to remove so
that a public street may be constructed along an alignment
determined or approved by the city engineer or adequate
line -of -sight distance may be achieved in order to assure
public safety; or
2. Removal was necessitated due to the health of the
tree. (Ord. 107 § 1, 1989; Ord. 101 § I (part), 1988)
12.12.080 Tree removal permits — Standards
for grant or denial.
Determination by the city to issue a tree removal permit,
shall be based upon the following criteria:
A. The condition of the tree with respect to disease,
danger of collapse of all or any portion of the tree, prox-
imity to an existing structure, or interference with utility
services or, in the case of a native oak tree, interference
with an addition to an existing single - family detached home;
B. The necessity to remove a historic tree, native oak
tree or mature tree in order to construct improvements which
allow economic enjoyment of the property;
C. The number of historic trees, native oak trees and
mature trees existing in the neighborhood;
D. Good forestry practices, i.e., the number of healthy
mature trees that a given parcel of land will support;
E. Whether or not removal of the tree is necessary
to construct required improvement within the public street
right -of -way or within a flood control or utility right -of-
way; and
F. The suitability of the tree species for use in that
location. (Ord. 101 § 1 (part), 1988)
12.12.090 Exemptions.
The following are exempt from the provisions of this
chapter:
A. Emergency Situation. Cases of emergency where
the director of community services or his or her designee,
or any member of a law enforcement agency or the Ventura
County Fire Protection District, in the performance of his
or her 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 of community development, or his or her
designee, prior to 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;
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C. Public Improvement Damage. Removal of trees
from within public right -of -way, which in the opinion of
the director of public works, or his or her designee, will
cause damage to existing public improvements;
D. Public Utility Damage. Actions taken for the pro-
tection of existing electrical power or communication lines
or other property of a public utility;
E. Trees for Sale. Trees planted, grown or held for
sale by a private individual or nursery;
F. Pruning and Trimming. Pruning or trimming which
does not endanger the life of the tree. (Ord. 101 § 1 (part),
1988)
12.12.100 Damaging of trees prohibited.
No person shall injure, deface or scar any historic tree,
native oak tree or mature tree. (Ord. 101 § 1 (part), 1988)
12.12.110 Liability.
Nothing in this chapter shall be deemed to impose any
liability or duty upon the city or upon any of its officers,
employees or agents, nor to relieve the owner and occupant
of any private property from the duty to keep historic trees,
mature trees or native oak trees upon such property or under
his control, in a safe condition. (Ord. 101 § i (part), 1988)
12.12.120 Appeals.
A. Decisions relating to proposals for urban develop-
ment which are made by the director of community develop-
ment may be appealed to the planning commission. Such
appeal procedures shall be those specified in Article 11
of the zoning ordinance of the city.
B. Decisions relating to single parcels which are made
by the director of community services may be appealed
to the parks and recreation commission under its normal
procedures of appeal; however, in no event shall the fee
for appeal exceed fifty dollars ($50.00). (Ord. 101 § i
(part), 1988)
12.12.130 Violation — Penalty.
Violation of this chapter is a misdemeanor. (Ord. 101
§ 1 (part), 1988)
Chapter 12.16
PARKS
Sections:
ehicles d horses, riding
12.16.010
Hours of operatio .
12.16.020
Animal control.
12.16.030
Littering prohib' ed.
12.16.040
Alcoholic bever ges prohibited.
12.16.050
Excessive noise rohibited.
12.16.060
Public conduc
12.16.070
Duplicating k s prohibited.
12.16.080
Camping and lodging prohibited.
12.16.090
Vending pro ibited.
12.16.100
Fire control.
12.16.110
Damaging property
12.16.120 Fireworks Ond weapons
12.16.130
ehicles d horses, riding
a imals nd other conveyances.
12.16.140
R uire ent and enforcement of
pa re tai permits.
12.16.150
Re it ment and enforcement of
att on permits.
12.16.160
Othe prohibited activities.
12.16.010 Hours peration.
No person shall ente o remain in any public park,
public open space or pu is r reation grounds during the
hours of ten (10:00) p. . to ix (6:00) a.m. without the
authorization of the cit manag r or his/her designee. (Ord.
248 § 1 (part), 1998: rd. 81 1 (part), 1986)
12.16.020 An mal contr 1.
No person owni g or having harge, care, custody or
control of any dog livestock or o er animal shall cause,
permit or allow th same to be loo a or run at large upon
any public park, ublic open spac or public recreation
grounds unless ch animal is restr 'ned by a substantial
chain or leash t exceeding six (6) eet in length and is
in the charge, are, custody or cont 1 of a competent
person. Additi nally, any person ownin or having charge,
care, custody or control of any dog, li estock or other
animal shall responsible for debris, litte or contaminants
caused by su h animal and any neglect of s ch responsibili-
ty shall be onstrued as littering, as defi ed in Section
12.16.030 f this chapter. (Ord. 248 § 1 (p t), 1998: Ord.
81 § 1 (p t), 1986)
12.16.0301 Littering prohibited.
No person shall drop or deposit refuse, trash, hazardous
233 (Moorpark 12 -95)
V V y . -0 G
ATTACHMENT C
CITY OF MOO"ARK
(805) 529 -6864 FAX: 529 -8270
TREE REMOVAL PERMIT
City Ordinance: 12.12.070. M.M.C.
Date: Time: a.m. p.m. Permit #2 0 6
Name:
Address of Tree:
Tree Location: O -Front O-Back O -Side
Number of Trees for Removal:
Property:O- Private O -HOA O- Commercial 0-other
Reason for Removal: Section: 12.12.080. A - B
Inspected By:
Section 12.12.080 Removal Granted:
l.A. Tree condition: Diseased or in danger of collapsing in the
proximity to an existing Structure.
2.A. Tree interference: with utility service above or under-
ground.
_3.A. Tree interference: with an addition to a Existing single
family detached home NATIVE OAK TREE ONLY
_4.B Required removal to construct improvement which
allow economic enjoyment of the property
Section 12.12.080. Removal Denied:
_ i . C. Number of Historic trees, Native Oak and mature
trees existing in the neighborhood Below Minimum.
2.1). Number of health mature trees that a given parcel of land
will support is Below Minimum.
3. No Condition Exist to Warrant Removal.
Tree Replacement Required O -Yes O -No
Number of Replacement trees :
Permit Expires On: /_ /,
Teach
HOMEOWNER'S ASSOCIATION, INC.
fliIn
llallp
ATTACHMENT ._
November 21, 2001
Mayor Patrick Hunter
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
FROM: Errol Hale, Board President
RE: Eucalyptus tree thinning
Dear Sirs,
Thank you both very much for meeting with Greg Moses, from GM Management, and me on October
19, 2001 to discuss reducing the number of eucalyptus trees in our HOA common area. As we
explained at that meeting, our development has an over abundance (131) of these trees. While we
do not want to diminish the beauty of our neighborhood by removing all, or too many of these mature
trees, we earnestly need to remove some of them. There are forty -nine other trees in our common
area, nearly all of which are large, mature trees.
These trees that predate our neighborhood and served as windbreaks for the groves that once stood
where our homes are now, were left by the developer. There are four reasons we feel it prudent to
remove some of these trees. 1) Many are planted dangerously close to homes, posing a safety and
property damage issue from falling branches and debris, especially in windy weather. 2) Many are
planted too close to each other. 3) As you know, eucalyptus trees are extremely messy, especially in
windy weather, unnecessarily raising maintenance costs. 4) They disallow adjacent homeowners to
plant in their own yards because the trees block sunlight and constantly drop leaves, pods and bark.
Enclosed is a map of our project with all the trees marked. The trees marked in yellow are not a
problem. Most of these are not Eucalyptus trees. The trees marked in pink are the trees in question.
I have designated different areas in which these trees stand for the sake of explanation. Please see
Tree Table.
Page 2 of 2
We are not desiring or able to remove these trees all at once. We do tree trimming on about one -third
to one — fourth of the trees in the development each year. We desire permission to remove the trees
in question as we come to those sections in the next three to four years.
As for replacing the downed trees, it would be impractical to replace these trees on a one to one
basis. There is simply not enough area in our development to plant this many trees. As we discussed
landscaping the parkway along Peach Hill Road, we discussed allowing this landscape improvement
including trees, to serve as replacements for the trees we wish to remove.
In addition to permission to remove some of our eucalyptus trees, we request that the landscaping
along Peach Hill Road be allowed to serve as the replacement for the eucalyptus trees that must be
removed.
All work will be contracted with licensed contractors who will need to be shown the city's letter of
approval of this request.
Thank you for your attention to this pressing issue. If you have any questions, I can be reached at
(805) 529 -5577 (work) or (805) 523 -7692 (home).
Sincerely yours,
Errol Hale
Board President
��
Tree Table
Section Description
# existing - # to be removed = # to remain
A
Planted extremely close together, very close to homes
and homeowners' fences.
23 -14 =9
Planted close together, very close to homes and
homeowners' fences.
12 -6 =6
B
C
Planted close to homes and homeowner's fences.
4-2 =2
D
Most of these are planted very close together, and to
homeowners' fences. Homeowners along Quail
Summit cannot plant anything in their back yards
because they never get sun.
37 -19 =18
E
Close together and to homeowners' fences.
12 -6 =6
F
Close together and to homeowners' fences.
8 -4 =4
G
Close together and to a home and homeowner's fence.
17 -7 =10
H
Close together.
18 -6 =12
Total number of existing Eucalyptus trees — the number we wish 131 -64 =67
to remove = the number that will remain. We are requesting
permission to remove less than half of these trees.
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