Agenda Item Wording:
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Oak Tree Preservation Ordinance Amendment- Second reading and adoption of Ordinance 2025-06 amending Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation.
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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: It is recommended that the City Council conduct the second reading of, and adopt, Ordinance No. 2025-06 amending Chapter 12.24 of the Visalia Municipal Code relating to Oak Tree Preservation.
Summary:
The first reading of Ordinance 2025-06 amending Chapter 12.24 of the Visalia Municipal Code relating to Oak Tree preservation was approved on July 21, 2025 with revisions to the following sections:
1. Section 12.24.030 - Oak Tree Removal Permit Required - Remove the requirement for private property owners to obtain a permit from the City before removing a Valley Oak Tree on their property.
2. Section 12.24.050 - Emergencies - Editing subsection B to clarify that public utilities are not required to obtain a permit from the City to deal with Valley Oak Trees to maintain utility facilities.
3. Amendment of Section 12.24.060 Pruning Notice Required - Replacing the term “person” with “public agency” to clarify that only public agencies are potentially subject to the Valley Oak Tree pruning requirements, not private property owners.
4. Amendment of Section 12.24.100 Public Assistance for Property Owners - Editing subsection A, removing “who has submitted a notice of intent to prune or remove an oak tree” since private property owners will not be required to obtain a notice of intent to prune or remove an oak tree.
If this second reading is approved and Ordinance 2025-06 adopted, it will go into effect thirty days thereafter.
Background Discussion:
As discussed in the staff report presented during the June 16, 2025 City Council meeting, the City of Visalia implemented the Oak Tree Preservation ordinance for the purpose of preserving Valley Oak Trees within municipal limits. However, as also noted in that report, since the last major drought, the City of Visalia has dealt with a significant increase in the number of requests for oak tree removals from residents as many trees did not fare well in the last drought. For the past several years the City has responded with modifications to the Oak Tree Preservation Ordinance, as detailed below in the list of prior City Council actions. Issues with oak tree failures have continued and recently, there have been requests from homeowners to remove oak trees due to insurance company requirements for clearance around buildings.
Recognizing that the preservation of Valley Oak Trees is a valid municipal purpose and such trees provide public benefits such as enhancing natural scenic beauty, assist with urban tree cover, and promote the regulation of temperature through the provision of shade. It is recommended that the Oak Tree Preservation remain in part to encourage the preservation of these trees.
However, private residential lot sizes have been steadily decreasing, which makes long term preservation of Valley Oak trees, that existed in rural areas with large root systems, difficult in dense urban areas as Visalia expands. It is difficult for Valley Oak Trees to thrive in an urban setting, as demonstrated by the number of oak tree failures after the last drought, and that when these trees fail, they can cause significant damage. In addition, insurance requirements are becoming increasingly demanding on private properties and can create a financial hardship for property owners that risk cancellation of their insurance policies if they do not remove trees that insurance companies deem hazardous. Due to these issues the proposed ordinance, based on the discussions with City Council on June 16, 2025, removes private property owners from the Oak Tree Preservation Ordinance. The ordinance would still apply to publicly owned property. City staff will continue to apply the Oak Tree Preservation requirements, when applicable, to public agencies and the matter is subject to review by the City Council at a later date to confirm whether the Oak Tree Preservation Ordinance should be further modified. In addition, the mitigation fund for oak trees currently has $231,954. This fund will remain subject to City Council review and staff will continue to review potential measures for these funds, such as planting of oak trees on larger properties suitable to long term tree health.
Fiscal Impact: The mitigation fund currently has $231,954. Changes to the mitigation policy in the future 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 amendments to Chapter 12.24 to increase diameter of Valley Oak trees that would be protected, revised the process for removal of Valley Oak trees, and the findings that would waive mitigation fees. City staff also added a provision for low-income assistance with the removal of Valley Oak trees.
2024 - Council approved modifications to clarify that public utilities subject to CPUC jurisdiction are not required to obtain a permit to prune or remove a Valley Oak tree. At this time Council also directed staff to review procedures to alleviate the burden on homeowners with large Valley Oak trees on their property.
June 16, 2025 - City staff proposed options for modifying the Oak Tree Preservation and received direction from City Council to return with an ordinance that would exempt private properties from needing a permit to remove or prune a Valley Oak tree.
July 21, 2025 - Council approved 5-0, the first reading of Ordinance 2025-06 amending sections 12.24.030, 12.24.050, 12.24.060, and 12.24.100 of Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation.
Other: N/A
Alternatives: Reject the second reading of Ordinance 2025-06 Amending Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation and direct staff to return at a later date after receiving Council’s updated recommendations.
Recommended Motion (and Alternative Motions if expected):
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I move to approve the second reading and adoption of Ordinance 2025-06 Amending Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 8/4/2025
Attachments: Current Oak Tree Ordinance, Oak Tree Ordinance No. 2025-06 Amendment.