Chapter 12.44
INDIGENOUS TREES
12.44.010 Purpose.
12.44.020 Definitions.
12.44.030 Permit required.
12.44.040 Permit-Application.
12.44.050 Permit-Procedures.
12.44.060 Permit-Issuance or denial.
12.44.070 Appeal.
12.44.080 Exception.
12.44.010 Purpose.
The indigenous oak and sycamore trees growing within the city are natural aesthetic resources which help define the character of the city. Such trees are worthy of protection in order to preserve the natural environment and to protect the city's native plant life heritage for the benefit of all citizens. Such oaks and sycamores are unique because of their size and beauty and their relative abundance adds distinction and character to certain neighborhoods within the community. It is pertinent to the public peace, harmony and welfare that such trees be protected from indiscriminate cutting or removal in order to provide for conservation purposes, as well as for the preservation of the natural beauty which such oak and sycamore trees lend to the city. (Prior code º 7-280)
12.44.020 Definitions.
For the purposes of this chapter, the following words shall have the meaning ascribed to them, unless otherwise noted:
"Drip line" means a line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the tree.
"Indigenous trees" means any Valley Oak (Quercus Lobata), California Live Oak (Quercus Agrifolia), California Bay Oak (Umbellulani Californica), any other tree of the oak species (Quercus Genus), and the California Sycamore (Platanus Racemosa and Platanus Acerifolia), which measures eight inches or more in diameter at a point measured thirty-six inches above the ground at the base of the tree. This definition shall not include oak or sycamore trees planted, grown and held for sale by licensed nurseries. (Prior code º 7-281)
12.44.030 Permit required.
No indigenous tree growing within the city limits may be cut down, removed or moved unless and until a permit has first been obtained from the office of the director of parks, recreation and community services. The term "remove" includes any act which will cause an indigenous tree to die, including but not limited to acts which inflict damage upon root systems, bark or other parts of the tree by fire, application of toxic substances, operation of equipment or machinery, or by changing the natural grade of land by excavation or filling the drip line area around the trunk. (Prior code º 7-282)
12.44.040 Permit-Application.
An application for permit required by this chapter to cut down, remove or move any indigenous tree or trees within the city shall be filed with the director of parks, recreation and community services. The application shall be submitted with a report which shall include the reason for the removal or relocation of tree or trees, the location of all indigenous trees on a plan or map; each tree shall be identified by species, trunk diameter measured at a point thirty-six inches above the ground at the base of the tree, height, spread and health; photographs of the trees to be cut or moved shall be included; each tree proposed to be cut down, removed or moved shall be so designated on the plan or map. If a tree to be removed or relocated is proposed to be moved to another location on the property, the relocation site shall be identified and site preparation and relocation methods described; the species, number, and size of any proposed replacement tree or trees shall be designated; and the health of any tree declared diseased or dying shall be verified by a written report of a qualified landscape architect licensed by the state of California or by a qualified tree expert with at least four years' experience in transplanting, moving, care for and maintenance of trees and who holds a valid agricultural pest control advisor's license. (Prior code º 7-283)
12.44.050 Permit-Procedures.
A. The director of parks, recreation and community services shall approve, conditionally approve or deny the application to cut down, remove or move any indigenous tree or trees. The director of parks, recreation and community services may impose conditions deemed necessary to implement the provisions of this chapter including but not limited to tree relocation to another site on the property, provided that the environment conditions of such new location are favorable to the survival of the tree, that the cost is reasonable, and there is a reasonable probability that the tree will survive, and provided further that such relocation is accomplished by qualified personnel under the supervision of the director of parks, recreation and community services; replacement of the removed or cut down tree or trees with specimen tree(s) of species and quantity commensurate with the aesthetic value of the tree or trees cut down or removed.
B. Further, the director of parks, recreation and community services may impose such measures to preserve and protect the health of trees to remain, relocated trees and new trees planted to replace those removed. Such measures may include but not be limited to erection of temporary or permanent protective devices around such trees so that there be no substantial disruption or removal of the structure or feeder roots of any tree; requirement that no fill material be placed within three feet from the outer trunk circumference of any tree, that no fill materials be placed within the drip line of any tree in excess of eighteen inches in depth, requirement that there be no substantial compaction of the soil within the drip line of any tree. (Prior code º 7-284)
12.44.060 Permit-Issuance or denial.
A. The following criteria shall be considered where applicable in evaluating applications for issuance of permits required by this chapter:
1. Necessity to remove the tree because its continued existence at such location prevents the reasonable development of the subject property;
2. The tree shows a substantial decline from a condition of normal health and vigor, and restoration, through appropriate and economically reasonable preservation procedures and practices, is not advisable;
3. Due to an existing and irreversible adverse condition of the tree, the tree is in danger of falling;
4. The presence of the tree interferes with, or is damaging to, utility services and roadways, walkways, foundations, drainage or other existing structures, within or without the subject property and the only reasonable alternative is the removal of the tree;
5. The topography of the land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters;
6. The number or location of trees existing on the site or in the neighborhood on surrounding property and the effect of tree removal upon enjoyment of the residents and the general public, and on property values in the area;
7. Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support.
B. In case of emergency caused by the tree being in a hazardous or dangerous condition, such tree may be removed by the written permission of the police or fire departments. (Prior code º 7-285)
12.44.070 Appeal.
Any person aggrieved by any action on the application filed pursuant to the provisions of this chapter, may appeal to the council within the time and in the manner provided in Chapter 2.88. (Prior code º 7-287)
12.44.080 Exception.
The provisions of this chapter shall not apply to any project or activity being carried out or by the city or the Glendale Redevelopment Agency, or any private development having received an official authorization or permit, the approval of which includes the consideration of tree preservation or removal. (Prior code º 7-288)