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Article 43. Landmark Tree Preservation and Protection
The City lies in the Conejo Valley, the beauty of which is greatly enhanced by the presence of large numbers of majestic trees. At one time, the area was almost entirely covered by an oak woodland, however, development of the City has resulted in the removal of a great number of these trees. Further uncontrolled and indiscriminate destruction of trees would detrimentally affect the health, safety and welfare of the City of Thousand Oaks. This preservation program outlined in this chapter contributes to the welfare and aesthetics of the community and retains the great historical and environmental value of these trees.
This chapter sets forth the policy of the City to require the preservation of all healthy landmark trees unless reasonable and conforming use of the property justifies the removal, cutting, pruning, and/or encroachment into the protected zone of a landmark tree.
(§ 2, Ord. 1217-NS, eff. October 28, 1994, as amended by Part 4, Ord. 1610-NS, eff. January 15, 2016)
(a) “Cutting” means the detaching or separating, from a protected tree, any limb, branch, or root. Cutting shall include pruning.
(b) “Damage” means any action undertaken which causes injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocation or transplanting a protected tree, or trenching, excavating, or paving within the protected zone of a tree.
(c) “Deadwood” means limbs, branches, or a portion of a tree that contains no green leaves during a period of the year when they should be present.
(d) “Dripline” shall mean the outermost edge of the tree's canopy. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree’s branches as seen from overhead.
(e) “Encroachment” means any intrusion or human activity into the protected zone of a landmark tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements.
(f) “Historic tree” shall mean a tree that because of its historic or cultural significance will be preserved and safeguarded as a symbol of the City’s heritage and to the beauty and image of the City of Thousand Oaks. All historic trees shall be designated pursuant to the procedure set forth within this article.
(g) “Landmark tree” shall mean a tree that because of its size, age, or unique and irreplaceable values to the community needs to be preserved and safeguarded as symbolic of the City’s heritage, beauty and image. Landmark trees shall include specimens of the following species which have reached the designated maturity: Platanus racemosa, (California Sycamore) which exceed twelve (12") inches in diameter when measured at a point four and one-half (4-1/2') feet above the natural grade at the base of the tree; Umbellularia californica, (California Bay Laurel) which exceed eight (8") inches in diameter when measured at a point four and one-half (4-1/2') feet above the natural grade at the base of the tree, Juglans californica, (California Black Walnut) which exceed eight (8") inches in diameter when measured at a point four and one-half (4-1/2') feet above the natural grade at the base of the tree; Heteromeles (Photinia) arbutifolia, (California Holly) or (Toyon) which exceeds eight (8") inches in diameter when measured at a point four and one-half (4-1/2') feet above the natural grade at the base of the tree. Trees with multiple trunks shall be deemed to have reached maturity if the sum of the diameters of the multiple trunks exceed the required diameter plus two (2") inches of a single trunked tree. Landmark trees shall also include all designated historic trees. Likewise, landmark trees shall also include any tree(s), of any type, designated as landmark trees by the Planning Commission or City Council during review of any land use entitlement request and which trees are required to be preserved as a condition of that City approved entitlement, land division, or tract map. This designation shall continue whether or not the use for which the entitlement is issued is inaugurated or the land division or tract map is recorded.
(h) “Person” shall mean any natural person, partnership, firm, corporation, governmental agency, or other legal entity.
(i) “Protected zone” shall mean a specifically defined area totally encompassing a landmark or historic tree within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular shaped circle that follows the contour of the dripline of the tree. Using the dripline as a point of reference, the protected zone shall commence at a point five (5) feet outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen (15) feet from the trunk of a landmark tree.
(j) “Removal” means the physical removal of a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action.
(k) “Routine maintenance” means actions needed for the continued good health of a landmark tree including, but not limited to, removal of deadwood, insect control spraying, and watering.
(§ 2, Ord. 1217-NS, eff. October 28, 1994, as amended by Parts 4 and 9, Ord. 1610-NS, eff. January 15, 2016)
(a) Any person who owns, controls, has custody or possession of any real property within the City that is improved or has been approved for development, or which is part of or associated with the City-approved development of another piece of property such as any parcel to be maintained as permanent open space or for recreational purposes, shall maintain all landmark trees located thereon in a state of good health pursuant to the provisions of this chapter. Failure to do so will constitute a violation of this section.
(§ 2, Ord. 1217-NS, eff. October 28, 1994, as amended by Part 4, Ord. 1610-NS, eff. January 15, 2016)
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