Preservation of significant stands and single specified trees in the (SC) Overlay Zone is necessary to preserve the natural beauty of the Santa Ana Canyon environment, increase the visual identity and quality of the area, and protect the remaining natural amenities from premature removal or destruction.
.010 Definitions. For purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed herein:
.0101 “Specimen Tree” shall mean any tree of the Quercus varieties (Oak) with a trunk measuring twenty-five (25) inches or greater in circumference; or any tree of the Schinus varieties (Pepper) and Platanus varieties (Sycamore), with trunks measuring fifty (50) inches or greater in circumference; measurements of circumference shall be taken at a point four (4) feet above ground level.
.0102 “Destroy” shall mean to include, but not be limited to, cutting down, removing, trimming, topping or pruning any Specimen Tree to a height that may do damage to a particular variety of tree as determined by a City Arborist.
.0103 “City Arborist” shall mean a City staff member who is a certified Arborist by the International Society of Arboriculture (ISA) to serve as the City’s tree specialist.
.0104 “Topping” shall mean a reduction of tree size by cutting live branches and leaders to stubs without regard to long-term tree health or structural integrity.
.020 Scope. Except as provided in subsection .030, it shall be unlawful for any person to destroy or otherwise direct or permit the destruction of one (1) or more Specimen Trees growing within the boundaries of the “SC” Overlay Zone, without a permit issued by the City of Anaheim pursuant to the provisions of this section.
.030 Administrative Specimen Tree Removal Permit. A Specimen Tree Removal Permit is required to remove Specimen Trees as defined in this Chapter. Applications for authority to destroy Specimen Trees shall be filed with the Planning and Building Department on forms provided for such purpose, together with a filing fee as established by resolution of the City Council. The following Specimen Trees may be destroyed lawfully; provided that, prior to such destruction, a report obtained from the City Arborist, or an arborist certified by the International Society of Arboriculture and authorized to do business within the City, is submitted along with an application. Any Specimen Trees that are removed before a report is reviewed and approved by the City must obtain a Discretionary Specimen Tree Removal Permit as identified in Section .040 below. The report shall attest that the tree(s) fit into at least one of the following categories:
.0301 Trees that have died;
.0302 Diseased trees whose condition is a source of present danger to healthy trees in the immediate vicinity;
.0303 Trees so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property;
.0304 Trees whose general health and condition are a source of present danger of falling onto existing or proposed structures or utility lines;
.0305 Trees that have caused structural damage to a single-family residence or a required driveway for that residence; provided an arborist has attested that removal of the tree roots would threaten the health of the tree, or that the tree would be a source of continued damage to the structure; or
.0306 Trees removed pursuant to lawful order of the Fire Department.
.035 Exemptions. Specimen Trees planted by the current or previous homeowner as part of an original landscape plan, and are not located in an area visible from a public or private right-of-way and/or in a commonly viewed and maintained slope, are exempt from the requirements for a Specimen Tree Removal Permit.
.040 Discretionary Specimen Tree Removal Permit. Applications for authority to destroy Specimen Trees shall be filed with the Planning and Building Department on forms provided for such purpose, together with a filing fee as established by resolution of the City Council. A City Arborist shall review and provide a recommendation for all Discretionary Specimen Tree Removal Permits. Applications that do not meet the requirements of subsection .030 above shall be referred directly to the Planning Commission for determination. The determination of the Planning Commission may be appealed to the City Council pursuant to Chapter 18.60 (Procedures). Permits are valid for a period of one (1) year from the date of issuance. A new application shall be filed for requests that have not been exercised within the established time frames.
.050 Findings and Issuance of Permit by Planning Commission or City Council. As a prerequisite to granting any permit to destroy any Specimen Tree, the Planning Commission or City Council may impose conditions, and shall make one (1) or more of the following findings:
.0501 That principles of good forest management will best be served by the proposed destruction;
.0502 That a reasonable and practical development of the property on which the tree is located requires destruction of the tree or trees;
.0503 That the character of the immediate neighborhood in respect to treescape will not be materially affected by the proposed destruction;
.0504 That the topography of the building site renders destruction reasonably necessary; or
.0505 That regard for the safety of persons or property requires the destruction.
.060 Replacement of Trees. Any Specimen Trees destroyed pursuant to a permit issued by the City shall be replaced on the same parcel, or in the public right-of-way located in the immediate vicinity, as directed by the City. Any replacement trees in the public right-of-way must be approved by the Department of Public Works. The replacement trees shall comply with the following provisions:
.0601 The replacement trees shall be a minimum thirty-six (36) inch box size at time of planting, or larger if appropriate to the tree unless the City Arborist approves a twenty-four (24) inch box size based on feasibility and site characteristics.
.0602 The number of trees shall be as identified in Table 18-A (Number of Replacement Trees), unless the City Arborist determines that the number of replacement trees, based on the site characteristics and the size of the Specimen Trees destroyed, is not feasible or cannot be properly nurtured through maturity.
Table 18-A NUMBER OF REPLACEMENT TREES | |
Circumference of Tree Destroyed (4 feet above ground level) | Number of Replacement Trees Required For Each Tree Destroyed |
Under 38 inches | 1 |
38-64 inches | 2 |
Over 64 inches | 3 |
.0603 Specimen Trees on private property must be replaced with one of the Specimen Trees identified in Table 18-B (Allowable Replacement Trees: Private Properties). The City may, at its discretion, require that only Specimen Trees be used as replacement trees, based on the size of the tree removed and the trees in the general area of the removal.
Table 18-B | |
ALLOWABLE REPLACEMENT TREES: PRIVATE PROPERTIES | |
BOTANICAL NAME | COMMON NAME |
Table 18-B | |
ALLOWABLE REPLACEMENT TREES: PRIVATE PROPERTIES | |
BOTANICAL NAME | COMMON NAME |
Acer macrophyllum | Big Leaf Maple |
Alnus cordata | Italian Alder |
Alnus rhombifolia | White Alder |
Arbutus unedo | Strawberry Tree |
Ceratonia silique | Carob |
Citrus species | Citrus |
Eriobotrya japonica | Loquat |
Erythrina species | Coral Tree |
Ginkgo biloba | Maidenhair Tree |
Juglans californica | California Black Walnut |
Lagerstroemia indica | Crape Myrtle |
Lagunaria patersonii | Primrose Tree |
Liquidambar styraciflua | American Sweet Gum |
Liriodendron tulipfera | Tulip Tree |
Lyonothamnus floribundus ssp. | Fernleaf Ironwood |
Macadamia integrifolia | Macadamia Nut |
Maytenus boaria | Mayten Tree |
Metrosideros excelsus | New Zealand Christmas Tree |
Parkinsonia florida | Cercidium floridum/Blue Palo Verde |
Pistacia chinesis | Chinese Pistache |
Pittosporum undulatum | Victorian Box |
Plantanus racemose | California Sycamore |
Popolus fremontii | Western Cottonwood |
Quercus agrifolia | Coast Live Oak |
Quercus engelmannii | Engelmann Oak |
Quercus suber | Cork Oak |
Rhus lancea | African Sumac |
Sambucus Mexicana | Mexican Elderberry |
Stenicarpus sinuatus | Firewheel Tree |
Umbellularia californica | California Laurel |
Acer paxii | Evergreen Maple |
Albizia julibrissin | Silk Tree |
Bauhinia variegate | Purple Orchid Tree |
Brachychiton aerifolius | Flame Tree |
Calodendrum capense | Cape Chestnut |
Cassia leptophylla | Gold Medallion Tree |
Cercis Canadensis | Eastern Redbud |
Cinnamomum camphora | Camphor Tree |
Eucalyptus species | Gum Tree |
Fraxinus angustifolia | Raywood Ash |
Geijera parviflora | Australian Willow |
Ginko biloba “Autumn Gold” | Maidenhair Tree |
Gleditsia triacanthos | Honey Locust |
Jacaranda mimosifolia | Jacaranda |
Koelreuteria bipinnata | Chinese Flame Tree |
Lophostemon confertus | Brisbane Box |
Pinus canariensis | Canary Island Pine |
Platanus acerifolia | London Plane Tree |
Podocarpus gracilior | Fern Pine |
Pyrus kawakamii | Evergreen Pear |
Quercus virginiana | Southern Live Oak |
Schinus molle | California Pepper |
Tipuana tipu | Tipu Tree |
Zelkova serrata | Sawleaf Zelkova |
.0604 Specimen Trees on slopes must be replaced with the trees in Table 18-C (Allowable Replacement Trees: Slopes) in the recommended replacement areas. The City may, at its discretion, require that Specimen Trees be used as replacement trees, based on the recommended locations and in the general area of the removal.
Table 18-C | |
ALLOWABLE REPLACEMENT TREES: SLOPES | |
Botanical Name | Common Name |
Table 18-C | |
ALLOWABLE REPLACEMENT TREES: SLOPES | |
Botanical Name | Common Name |
Albiaia Julibrissin | Silk Tree |
Alnus Rhombifolia | White Alder |
Arbutus Menziesli | Madrone |
Brachychiton Aerifotium | Flame Tree |
Ceratonia Sitiqua | Carob Tree |
Cercis Occidentalis | Western Redbud |
Chorisia Speciosa | Floss Silk Tree |
Cinnomonum Camphora | Camphor Tree |
Erythrina caffra | Coral Tree |
Gleditsia Triacamthos | Honey Locust |
Jacaranda Acutifolia | Jacaranda |
Liquidambar Rotundiloba | American Sweet Gum |
Plantanus Racemosa | California Sycamore |
Quercus Agrifolia | California Live Oak |
Tipuana Tipu | Tipu Tree |
(Walnut) Juglans California | Ca. Black Walnut |
.070 Appeal. Any decision of the Planning and Building Director under this section shall be final, unless appealed to the Planning Commission by either the applicant or any one dissatisfied with the decision of the Planning and Building Director pursuant to Chapter 18.60 (Procedures). No permit to destroy a Specimen Tree that is approved by action of the Planning and Building Director, as provided in this section, shall be issued prior to the expiration of the appeal period.
.080 Replacement Trees. Any required replacement tree planted on-site, which is subsequently removed, damaged, diseased and/or dies, shall be replaced in a timely manner.
.090 Injuring Specimen Trees. It is unlawful for any person to injure or damage, or otherwise authorize or direct the injuring or damaging of, any Specimen Tree by any means, as Determined by a City Arborist, including, but not limited to, the following:
.0901 Constructing a concrete, asphalt, brick or gravel sidewalk, patio, driveway or roadway, or otherwise filling up the ground area around any tree so as to shut off air, light or water from its roots;
.0902 Piling building equipment, material or other substances around any tree so as to damage the tree;
.0903 Pouring any deleterious matter on, around any tree, or on the surrounding ground, lawn or sidewalk;
.0904 Posting any sign, poster, notice or other matter on any tree, tree stake or guard, or by fastening any guy wire, cable, rope, nails, screws or other device to any tree, tree stake or guard;
.0905 Causing or permitting any wire charged with electricity to come in contact with any tree;
.0906 Causing or permitting any fire or burning near or around any tree;
.0907 Topping or pruning of any tree to the point of injuring a tree; and
.0908 Causing damage to any tree resulting in weakening or disease such that the tree has to be removed.
.100 Punishment of Violations. It shall be a misdemeanor for any person to violate the provisions of this section. A violation shall be subject to the enforcement and penalties as set forth in Section 1.01.370 (Violation of Code–Penalty) of Chapter 1.01 (Code Adoption and Construction).
(Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 §§ 30, 31; June 5, 2012: Ord. 6448 § 1 (part); November 20, 2018.)