§ 8178-7.5.3. Exemptions.

The alteration or removal of protected trees is only exempt from a permit under the following circumstances, and in accordance with timing requirements of Section 8178-7.7.4.1.1 which prohibits tree alteration or removal during the bird breeding and nesting season (January 1 to September 15) unless a bird survey determines no nesting birds are present in the project area:

a.

Commercial Tree Operations:

1.

The removal or alteration of trees planted, grown, or held for sale by lawfully established nurseries and tree farms, or trees removed or transplanted from such a nursery as part of its operation.

2.

In areas zoned Coastal Agricultural (CA), trees such as avocado, citrus, and nut bearing trees planted, grown, and presently harvested for commercial agricultural purposes. This does not include the alteration, transplanting, or removal of protected trees or their limbs that were not planted for agricultural purposes. Examples of generally accepted agricultural activities that do not require a permit include but are not limited to the following:

i.

Converting land planted with/for mature avocado trees to grazing (animal husbandry) or crop production uses.

ii.

Replacement of mature lemon trees with young lemon trees.

iii.

Thinning of trees in orchards to allow more vigorous growth and production on the part of the remaining trees.

iv.

Harvesting, planting, and tending crops and crop-type conversions (e.g., orchards to grapes, or lemon trees to avocado trees).

b.

Minor Tree Alterations:

1.

Fuel Modification Zone Maintenance. Maintenance of protected trees within the required fuel modification zone, including but not limited to alteration of a protected tree's live limbs to effectively manage fuels or to prevent the transmission of fire from native vegetation to a structure.

c.

Dead or Fallen Tree or Limb:

1.

Any naturally fallen dead protected tree or dead limb that no longer exhibits the structural integrity of a healthy protected tree or limb and is determined to be a fire hazard by the Fire Department or is in danger of falling and threatening public safety, may be removed, unless that tree is located in ESHA. Naturally fallen dead trees located in ESHA shall not be removed unless that tree poses a serious nuisance (i.e., the tree blocks a primary access road) or the fallen tree poses an imminent threat to persons or property. Artificial, mechanical, or human induced damage to a protected tree does not constitute a naturally fallen tree.

2.

Removal of trees destroyed by natural disaster (flood, fire, earthquake, etc.), or a catastrophic (sudden and complete) failure (vehicle accident, structure collapse, etc.).

3.

Prior to tree removal or alteration, property owners are encouraged to submit documentation verifying the tree removal was exempt from a tree permit pursuant to Section 8178-7.7.1.

(Ord. No. 4492, § 6, 6-21-2016)