Agenda Item Wording:
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Review of Ordinance - Review the City of Visalia Oak Tree Ordinance and direction to staff on recommend modifications.
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Deadline for Action: 1/16/2024
Submitting Department: Community Services
Contact Name and Phone Number: Zach Huff, zach.huff@visalia.city <mailto:zach.huff@visalia.city> Parks and Urban Forestry Supervisor 713-4295 Alvin Dias, alvin.dias@visalia.city <mailto:alvin.dias@visalia.city> Parks and Facilities Manager 713-4564 Kelli Kincaid, kelli.kincaid@visalia.city <mailto:kelli.kincaid@visalia.city> Community Services Director 713-4042
Department Recommendation:
Objective: The purpose of this presentation is to provide an overview of the current City of Visalia ordinance related to Valley Oak trees and to propose recommended modifications and possible changes to the Oak Tree Ordinance, particularly concerning the management of Oak trees on public and private property, especially when related to safety concerns.
Proposed Modification 1: Modify Section 12.24.030 "Oak tree removal permit required."
Recommendation: 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 a safe operation for their facilities." The utilities are already subject to State and Federal regulations that supersede the City’s ordinance and including this provision will streamline the process for safety purposes. Staff is recommending to proceed with this ordinance change.
Proposed Modifications 2: Sections 12.24.030 "Oak tree removal permit required" and 12.24.035 "Removal Standards"
Recommendation: Explore possible modifications in the following areas:
1. Policies and Procedures on Property:
• Review and revise language in the aforementioned sections to address Oak tree management on public or private property, emphasizing safety.
• Consider incorporating provisions that encourage responsible tree management practices, including pruning and removal, while ensuring the conservation of Valley Oak trees.
2. Community Engagement:
• Introduce a framework for community engagement in the decision-making process regarding Oak tree management on public and private property in Visalia.
• Seek input from residents, local organizations, and stakeholders through public meetings, surveys, or other means to gather diverse perspectives.
3. Establishing Changes:
• Use community feedback to inform potential changes to the Oak Tree Ordinance.
• Present proposed modifications to the Council after thorough consideration of community input.
Next Steps:
These recommended modifications aim to strike a balance between public safety, the operational needs of public utilities, and community engagement in the management of Valley Oak trees on property. Staff believes that these changes will enhance the effectiveness and relevance of the Oak Tree Ordinance in the City of Visalia.
1. Conduct stakeholder meetings and community engagement sessions to gather input on Oak tree management.
2. Collaborate with relevant departments and experts to refine proposed modifications based on community feedback.
3. Present final proposed changes to the Council for approval within approximately the next 90 days.
Background Discussion:
History of the Valley Oak Ordinance:
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. In 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 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. Concern for our community continued and in 1922 local groups organized the first tree planting program and these trees still line highway 198, nonetheless, with continuing population growth and city expansion, Oak trees kept disappearing.
As a response to the loss of Oak trees, in 1971 Visalia City Council adopted the first 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 Visalia’s 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.
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 make contact with 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 an oak tree pursuant to Subparagraph B. of section 12.24.035 offset the loss of the Oak tree by either replacing the Oak tree removed with new Oak trees on the same property (in-kind mitigation) or by paying mitigation fees intended to be used for the establishment of new 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 with the trimming or removal of Valley Oaks on private property for residents needing assistance.
In early 2021 the Visalia City Council received and addressed multiple citizens 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.
Accordingly, 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 but concerns by property owners and changes to public utilities policies and procedures have brought the Valley Oaks back as a topic for discussion.
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 Modification of 12.24.030 (A) to increase the diameter at which a removal permit would be required from two (2) inches to eighteen (18) inches Diameter Breast Height (D.B.H.); Modification of 12.24.035 to additional findings to warrant removal of a Valley Oak Tree in public or private property; Modification of 12.24.060 to increase the diameter at which a pruning permit would be required from a two (2) inch diameter limb to ten (10) inches Diameter Breast Height (D.B.H.) Valley Oak Tree; the Modification of 12.24.100 to include removal of Valley Oak Trees for public assistance for property owners; and removal of the removal application fee.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to accept this report on the Oak Tree ordinance and direct staff to modify 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. Additionally, I propose bringing back the ordinance at a future work session to review community feedback for Council's consideration of modifications to the Oak Tree ordinance. end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Valley Oak Tree Power Point, Oak Tree Ordinance, Mitigation Policy, Low Income Assistance Forms, Oak Tree Removal Application, Intent to Prune Application.