Retaining native oak trees:
General Plan policy 7.4.5.2 should be amended
to repeal exemptions

Position paper paper #06-02 of the El Dorado Hills Citizens Alliance
Approved by Citizens Alliance board of directors 2/10/2007

Summary

In its Conservation and Open Space Element the El Dorado County General Plan identifies retention of native oak trees to be an objective. It defines two policies to implement this general objective. The second policy, 7.4.5.2, requires a permitting process for removal of native oaks, but it defines exemptions which are so broad that they effectively grant permission to destroy nearly all native oak trees without a permit. Those exemptions should be repealed, the permitting process should be required for all native oaks with a trunk diameter of 6 inches or more at 4.5 feet above ground for a single-trunk tree, or an aggregate trunk diameter of 10 inches for a multi-trunk tree.


Discussion

Policy 7.4.5.2, Paragraph A, permits four exemptions from it requirement for a permitting process. These exemptions are applicable to all native oaks with a trunk diameter less than 36 inches. Oak trees with a diameter of at least 36 inches are extremely rare in El Dorado Hills. Therefore the exemptions apply to virtually all EDH oak trees, and virtually all oaks can be destroyed with impunity.

.The criteria for exemptions are:

1. Lands are exempted if they are in Williamson Act Contracts (which support preservation of agriculture), Farmland Security Zone programs, Timber Production Zones, Agricultural Districts, designated Agricultural Land, or an area with a Fire Safe plan.
   
   In El Dorado Hills agricultural land has been decreasing, generally converting to high density land uses. Some areas have Fire Safe plans even for such high density uses. Planning must focus on future land use, and consequently must place high emphasis on retention of native oaks in order to achieve the General Plan's stated objective, regardless of any current agricultural use.  Fire Safe plans should account for the General Plan's objective to retain native oak trees, and this should be reviewed through the required permit process if such plans call for removal of native oaks.
   
2. All single family residential parcels of one acre or less which cannot be further subdivided are exempted.
   
   This exempts nearly all residential parcels in El Dorado Hills. This is also irrational:  As parcel size decreases, proportionate impact of removing any individual tree increases.
   
   Experience to date on high density residential lots in El Dorado Hills, where native oak retention is regulated by homeowners associations or by the Community Services District, has demonstrated high risk to native oaks due to development. A common scenario is root damage caused by drainage diversion onto an existing tree, root damage during construction, or severing roots too close to the root flair. In some cases removal of some but not all trees to accommodate construction has left stumps and roots which have become infested with oak root fungus, which then has spread to previously healthy trees. In most cases many years elapse between the time of one of these development-related impacts and the time when a previously healthy oak dies or becomes sufficiently diseased to require removal. Swimming pool construction is a common starting point for oak problems, and limited lot size often forces
   
3. Native oaks are exempted if they are cut down by a property owner for the owner's personal use (for example, for use as firewood).
   
   This point alone effectively disables the policy for oak tree retention not only in El Dorado Hills, but throughout the County on any type of land.
   
4. A permit is not required when written approval is received from the County Planning Department.
   
   This appears to enable approval based on undefined criteria, or even no criteria, instead of having a standard and uniform permitting process to implement the General Plan policies.

A factor not addressed in the General Plan policy is problems consequent to small lot sizes in high density residential areas. These usually are due to grading, home construction, or swimming pool construction and are more critical where small lot size limits ability to construct improvements without impacting native oaks, with impacts usually only becoming evident years later. Common scenarios are root damage caused by drainage diversion onto an existing tree, root damage during grading or construction, and severing roots too close to the root flair. Root problems often leave trees vulnerable to infestations of oak root fungus and other diseases. 


Recommended Amendment

Policy 7.4.5.2 should be amended as follows, with deletions shown in red strikethrough text and insertions shown in blue:

A. Oak Tree Removal Permit Process. Except under special exemptions, aA tree removal permit shall be required by the County for removal of any native oak tree with a single main trunk of at least 6 inches diameter at breast height (dbh), or a multiple trunk with an aggregate of at least 10 inches dbh. Special exemptions when a tree removal permit is not needed shall include removal of trees less than 36 inches dbh on 1) lands in Williamson Act Contracts, Farmland Security Zone Programs, Timber Production Zones, Agricultural Districts, designated Agricultural Land (AL), and actions pursuant to a Fire Safe plan; 2) all single family residential lots of one acre or less that cannot be further subdivided; 3) when a native oak tree is cut down on the owner’s property for the owner’s personal use; and 4) when written approval has been received from the County Planning Department. In passing judgment upon tree removal permit applications, the County may impose such reasonable conditions of approval as are necessary to protect the health of existing oak trees, the public and the surrounding property, or sensitive habitats. The County Planning Department may condition any removal of native oaks upon the replacement of trees in kind. The replacement requirement shall be calculated based upon an inch for inch replacement of removed oaks. The total of replacement trees shall have a combined diameter of the tree(s) removed. Replacement trees may be planted onsite or in other areas to the satisfaction of the County Planning Department. The County may also condition any tree removal permit that would affect sensitive habitat (e.g., valley oak woodland), on preparation of a Biological Resources Study and an Important Habitat Mitigation Program as described in Policy 7.4.1.6. If an application is denied, the County shall provide written notification, including the reasons for denial, to the applicant.