Agenda Item Wording:
title
Review of the City of Visalia Oak Tree Ordinance - Presentation on potential modifications regarding the City’s Valley Oak Tree Ordinance and request for direction moving forward.
body
Prepared by: Zach Huff, Urban Forestry Supervisor 713-4295, zach.huff@visalia.city; Alvin Dias, Parks and Facilities Manager 713-4564, alvin.dias@visalia.city; Jason Glick, Parks and Recreation Director 713-4042, jason.glick@visalia.city
Department Recommendation: That Council receive this overview of the current City of Visalia ordinance pertaining to Valley Oak trees and provide direction to staff on potential modifications to the Ordinance.
Summary:
In a previous discussion on the Valley Oak Tree Ordinance, staff received feedback and suggestions for potential revisions. In response, the ordinance is being brought back to the City Council for a follow-up discussion, with several proposed options intended to address concerns raised by both staff and residents.
Staff would first like to present the following options for revisions to the Ordinance and seek direction from the City Council on how to proceed.
Option 1: Modify Removal Criteria
• Modify ordinance to allow additional findings to include tree removal if the tree, including tree roots, is damaging structures, is too close to structures (within the drip line), has poor form due to safety or pruning by utility companies, or causes substantial inconvenience or financial hardship and property owners who receive an insurance non-renewal notice because of the tree on their property.
Option 2: Partial Deregulation
• Exempt all existing single-family residential properties from needing a permit to remove a Valley Oak tree. New development, multi-family, and commercial properties would still require a permit.
Option 3: Ordinance Elimination
• Remove all permit requirements for Valley Oak tree removal. Property owners would have full control of tree management. The City would no longer oversee private Valley Oak tree management.
Option 4: Seek Further Input
• Seek further input by taking these options to the Parks and Recreation Commission and Citizens Advisory Committee for further feedback and/or perform additional public outreach for feedback per Council direction.
It should be noted that the root system of mature Valley Oak trees is fairly shallow, but extensive, reaching out to and often past the dripline, which is the outer perimeter of the tree canopy. Large Valley Oak trees take large amounts of space with large canopies, meaning they have a large root system. These large, but relatively shallow root systems can be negatively impacted by dense urban development that covers portions of the root system. Negatively impacting the root systems can make these trees less naturally resilient during droughts and high wind events. This makes maintenance plans that include pruning important for the health of the tree and safety of nearby structures and also requires property owners to plan for the irrigation of these trees.
Background Discussion:
When Visalia was founded in 1852, it was located in the largest Valley Oak woodland in California. Valley Oaks covered a 400-square-mile area. As Visalia’s population grew, more trees were cut down for firewood and to make room for new crops and as a result, fewer trees remained. However, by the 1890’s, Visalians saw the Valley Oak tree as a renewable source of community pride and identity that deserved preservation. Community leaders worked together to protect the Valley Oak. In 1909 they proposed that Tulare County purchase 100 acres of Valley Oak trees on Mooney Ranch and preserve the land as a park. Mooney Grove Park is still one of the largest Valley Oak woodlands in California. Concerns for Valley Oak preservation in the community continued and in 1922 local groups organized the first tree planting program and these trees still line the highway 198, nonetheless, with continuing population growth and city expansion, Valley Oak trees continued to be removed as urban uses expanded.
As a response to the loss of Valley Oak trees, in 1971 Visalia City Council adopted the first Valley Oak tree preservation ordinance in an effort to preserve diminishing Oaks from urbanization. This Ordinance was amended in 1974 to set guidelines for maintenance and preservation. This pioneering approach to preserving trees as community heritage is used as a model for other California cities. The ordinance required a permit to remove a Valley Oak and an “Intent to Prune Form” to trim the tree and remains in effect at this time.
Under the current municipal code should a property owner desire to remove a Valley Oak from their property, they are required to submit a completed application for Removal to the Community Services Department for processing. The application is then sent to the City’s Arborist whose responsibility it is to view the property, verify property owner (some applications are from renters and do not qualify), and schedule an inspection if the tree if accessible or contact the property owner to schedule an inspection of the tree. The tree is then inspected and photographed and a report detailing the condition of the tree and either approval or denial, in accordance with the provisions of the ordinance, is issued. During this process staff also provides the property owner a letter of intent. Once the permit is signed there is a ten (10) calendar day waiting period for any appeal of the removal. Once the ten (10) day period has past, the permit is released, and it is the applicant’s responsibility to then schedule to remove the tree(s).
The Ordinance has established an Oak Tree Mitigation Fund pursuant to the following language, “In recognition and furtherance of the purposes of this Chapter, as enumerated in Section 12.24.010, it is the policy of the City of Visalia that property owners who are granted a permit to remove a Valley Oak tree pursuant to Subparagraph B. of section 12.24.035 offset the loss of the Valley Oak tree by either replacing the tree removed with new Valley Oak trees on the same property (in-kind mitigation) or by paying mitigation fees intended to be used for the establishment of new Valley Oak trees on other property or on public property for the benefit of the general public (in-lieu mitigation). In furtherance of this policy, the city manager shall develop an Oak Tree Mitigation Policy establishing in-kind and in-lieu mitigation measures to be required for Oak tree removals. The Oak Tree Mitigation Policy, Policy and any subsequent amendment thereto, shall be submitted to the city council for approval by resolution.” The mitigation fund currently has $274,229, which has accumulated over the years from fees paid for removal applications and mitigation fees for removing Valley Oak trees that are approved for removal. Those fees are used to replant City properties or to assist the trimming of Valley Oaks on private property for low-income residents.
In early 2021 the Visalia City Council received and addressed multiple citizen appeals of Community Services denials of Oak Tree Removal Permits. During those appeal processes, the Council directed staff to revisit the current Oak Tree ordinance and bring the Ordinance back to Council for review and discussion at a future work session.
In response to the influx of appeal from residents, staff presented City Council various options during the March 1, 2021, council meeting work session. City Council reviewed the information presented by staff and made recommendations for changes to the ordinance. Some of the staff-proposed changes were increasing the D.B.H Diameter at Breast Height) of Valley Oak trees that would be protected by the ordinance, adding new findings for Oak tree removals, and amending current findings that would waive mitigation fees. Staff also presented the addition of low-income assistance for the removal of Oak trees, which previously only assisted with pruning of trees for residents that met the mitigation policy requirements. Council responded with some additional recommendations to the information presented to Council that included the staff proposed D.B.H. of 24 inches be decreased to 18 inches and the waiving of the $125.00 application fee.
The first reading of Ordinance 2021-03 amending Chapter 12.24 of the Visalia Municipal Code relating to Oak Tree preservation was approved on May 17, 2021 with a recommendation by Council on the requirement to obtain a tree pruning permit from a two (2) inch limb or greater to a ten (10) inch diameter Oak tree or greater. The second reading was approved on June 7, 2021, and Ordinance 2021-03 adopted, went into effect thirty days thereafter.
These changes to the Oak Tree Ordinance have greatly reduced the number of appeals brought before City Council on Oak tree removals and helped to keep the City of Visalia’s urban forestry healthy.
Staff returned to Council in early 2024 with a request to discuss the Valley Oak Tree Ordinance and the recent changes to the public utility services policy on the removal of trees affecting their facilities. No permit is required for public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California to prune or remove a Valley Oak tree as necessary to maintain safe operations for their facilities. Additionally, staff received recommendations from council to help elevate the burden on homeowners dealing with large Valley Oak trees on their property.
In accordance with the recommendations from council staff has gathered information from other agencies with ordinances protecting trees within their jurisdiction and has reviewed incidents of homeowner insurance policy reviews that are now more rigid and have found examples of insurance companies canceling policies because of large Valley Oaks adjacent to dwellings. With this information staff complied the options included in the summary above.
Fiscal Impact: The mitigation fund currently has $274,229. Changes to the mitigation policy could affect revenues and expenditures.
Prior Council Action: 2019 - Council approved an increase to the removal application fee and modification of 12.24.100 (3)(B) to recognize that the City no longer provides tree trimming with its own employees and amend the verbiage to allow property owners to utilize the services of a City-approved arborist or the City’s contracted arborist.
2021 - Council approved the following amendments to Chapter 12.24 of the Visalia Municipal Code relating to Oak Tree preservation:
-Section 12.24.020 Definitions.
"Oak tree" means Valley Oak Tree (Quercus lobata), with a trunk diameter of eighteen (18) inches or greater at a point 4.5 feet above the root crown (Also referred to as "18 inches Diameter Breast Height (D.B.H.)"). "Oak tree" may also mean a "landmark tree." "Landmark tree" means any native or non-native tree recognized by city council resolution for its age, size, location, outstanding habitat value, superior beauty, historical, and/or cultural significance.
-Section 12.24.030 Oak Tree removal permit required.
A. Any person desiring to destroy or remove an Oak tree on private or public property must first apply for and obtain a removal permit. Such application shall be in writing to the city clerk, who shall forward such application to the city manager of the city or their designee. The application shall contain the number, size and location of the Oak trees and a brief statement of the reason of the requested action. Submission of an application shall not require a fee.
B. Within five calendar days of receipt of such application, the city manager or their designee shall post a notice on the subject tree, in a manner reasonably intended to inform the general public, stating that an application for removal of the tree has been filed and is pending with the city manager or their designee. Within fourteen calendar days of receipt of such application, the city manager or their designee shall inspect the premises whereon such Oak trees are located, and shall issue an intended decision in writing as to whether or not the application will be approved, and if so, what mitigation shall be required as a condition to approval, consistent with Section 12.24.035 below; provided, however, that failure to render an intended decision within such period shall not be deemed approval.
C. The city manager or their designee shall not grant a removal permit unless one of three findings enumerated in Section 12.24.035 can be made based on substantial evidence and, where necessary, expert advice of a certified arborist. The applicant may submit his or her own supporting material, including a report of an independent certified arborist, for consideration by the city manager. However, the city manager or their designee shall retain the discretion for determining the weight and value to be given to such independent reports.
D. Upon determination that one of the three findings enumerated in Section 12.24.035 can be met and a removal permit may be granted, the city manager or their designee shall establish mitigation requirements in a manner consistent with the policy to be developed and implemented pursuant to Section 12.24.037. No mitigation shall be required for Oak trees removed pursuant to subsections A. or C. of section 12.24.035, unless the city manager or their designee determines that the applicant's negligence or willful conduct contributed to the decline of the health of the Oak tree. The mitigation requirements established by the city manager or their designee shall attach to the permit as conditions, and shall be enforceable as a lien against the applicant's real property. In no event shall the availability of mitigation measures, or the willingness of the applicant to agree to such measures, be a factor in determining whether removal of the tree is warranted.
-Section 12.24.035 Removal Standards.
No removal permit shall be granted pursuant to section 12.24.030 of this Chapter unless the city manager determines that substantial evidence supports one of the following four findings:
A. The general health of the Oak tree warrants removal. A removal permit may be granted based on the health of the tree only if one of the following tests can be satisfied:
1. The Oak tree is in danger of falling or is deemed to be structurally unsound, according to generally accepted arboricultural standards, and is in proximity to existing or proposed structures; or
2. The Oak tree is a host for plant, pest, or disease endangering other species of trees or plants with infection or infestations.
3. Protection of pre-existing improvements that have been interfered with by the Oak tree, or otherwise allow the reasonable enjoyment of private property.
4. The Oak tree is causing damage to a dwelling, building or structure, including foundational support for same, and/or damaging the essential utilities servicing the dwelling, building or structure. A professional evaluation by a certified arborist, licensed plumber, landscape architect or structural engineer detailing the damage being caused shall be required as part of the application for removal permit identified in Section 12.24.030.
B. Removal of the Oak tree is necessary to allow construction of new improvements or the expansion of pre-existing improvements. The city manager shall apply the following factors in determining the necessity of removal of an Oak tree for purposes of this subsection:
1. The size and age of the Oak Tree to be removed, and its historic, aesthetic or cultural value; a larger, older and more historically, aesthetically, or culturally valuable tree may be removed only if each of the other factors weigh heavily in favor of removal.
2. The necessity of the removal of the Oak Tree for new construction or expansion of existing improvements.
3. The lack of any reasonable alternative to the proposed improvement that does not require removal of the Oak tree. The availability of funds from the Oak Tree Maintenance Fund to assist the property owner in repairing or reconfiguring improvements in a manner to save an Oak tree should be taken into account in determining whether reasonable alternatives to removal exist such that a permit on this grounds should not be granted.
C. Urban forestry or land management practices warrant removal of the Oak tree. An Oak tree may be removed based on urban forestry or land management practices if one of the following conditions exist:
1. Removal of the Oak tree will substantially benefit the topography of the land and the soil retention, water retention, and diversion or increased flow of surface waters.
2. Removal of the Oak tree will not be detrimental to the general public because the number, species, size, and location of existing trees in the area offset the removal of the Oak tree, and the removal will not have an adverse effect on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city as a whole.
3. Removal of the Oak tree is consistent with good urban forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
4. The property owner proposing to remove the tree can establish by adequate proof that the subject tree did not exist prior to the current owner's purchase of the property; this provision shall only apply to trees with a DBH of six (6) inches or less.
-Section 12.24.100 Public assistance for property owners.
A. If the city manager determines that a property owner, who has submitted a notice of intent to prune or remove an Oak tree, cannot properly prune or remove his or her Oak tree without the assistance of a professional tree trimmer, and that said property owner cannot afford to hire a professional tree trimmer because he or she does not have the financial resources to pay for such services, the city manager may provide financial assistance to said property owner for the purpose of pruning or removal of the tree or trees, if all the following conditions are met and funds are available:
1. The property owner uses the property where the tree(s) is located as his or her principal place of residence;
2. The aggregate gross income of all persons eighteen (18) years of age or older residing on the property does not exceed the minimum amount as may be set from time to time, by resolution of the city council, pursuant to this subdivision; and
3. The city manager determines that it is necessary to prune or remove the tree to remove hazardous conditions, remove disease, rot, pests, other harmful conditions, or promote healthy growth of the tree(s).
B. Such financial assistance may include, but not be limited to, low interest loans, work done by the city with the cost borne in part or in whole by the property owner, work done by the city with the cost borne by the city to be repaid by the property owner upon such terms as the city and property owner shall agree, or any combination thereof.
2024 - Council approved the following amendments to Chapter 12.24 of the Visalia Municipal Code relating to Oak Tree preservation
-Section 12.24.030 “Oak tree removal permit required” to include the following permit exemption: No permit is required for public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California to prune or remove a Valley Oak tree as necessary to maintain safe operations for their facilities.
Other: N/A
Alternatives: Reject the proposed recommendations and direct staff to return at a later date after receiving Council’s updated recommendations.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct staff to proceed with Option (Council selection) related to the Oak Tree ordinance and direct staff to bring back the ordinance at a Public Hearing for the Council’s consideration of modifications to the Ordinance.
Option 1: Modify Removal Criteria
• Modify ordinance to allow additional findings to include tree removal if the tree, including tree roots, is damaging structures, is too close to structures (within the drip line), has poor form due to safety or pruning by utility companies, or causes substantial inconvenience or financial hardship and property owners who receive an insurance non-renewal notice because of the tree on their property.
Option 2: Partial Deregulation
• Exempt all existing single-family residential properties from needing a permit to remove a Valley Oak tree. New development, multi-family, and commercial properties would still require a permit.
Option 3: Ordinance Elimination
• Remove all permit requirements for Valley Oak tree removal. Property owners would have full control of tree management. The City would no longer oversee private Valley Oak tree management.
Option 4: Seek Further Input
Seek further input by taking these options to the Parks and Recreation Commission and Citizens Advisory Committee for further feedback and/or perform additional public outreach for feedback per Council direction. Report the findings back to Council for further consideration.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 6/16/2025
Attachments: Valley Oak Tree Power Point, Oak Tree Ordinance, Mitigation Policy, Low Income Assistance Forms, Oak Tree Removal Application, Intent to Prune Application.