Ordinance No. 2025-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTER 12.24 OF THE VISALIA MUNICIPAL CODE RELATING TO OAK TREE PRESERVATION BE IN ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:
In 1971, the Visalia City Council adopted the first Oak Tree Preservation ordinance in an effort to preserve diminishing oaks from urbanization.
The goals of the ordinance remain significant however, the City Council recognizes that residential lot sizes have decreased, and insurance oversight of private properties have increased making it difficult for private properties to comply with preservation requirements in many instances.
Incidents of private property owners having difficulty in complying with the Oak Tree Preservation ordinance have increased.
The Visalia City Council has determined that it is in the interests of the citizens of Visalia to modify the Oak Tree Preservation to exempt private property.
The Oak Tree Preservation ordinance will remain subject to review and potential further modification.
SECTION 2. Based on the findings as stated above the following revisions to Title 12 of the Visalia Municipal Code are hereby necessary for the public health, safety, and welfare of the City. Below are revisions to the following subsections 12.24.030(A), 12.24.050(B), 12.24.060(A), and 12.24.100(A) of Chapter 12.24 with additional language listed in italics and deleted language listed in strikeout, all sections of Chapter 12.24 that are not modified shall remain unchanged:
Section 12.24.030 Oak Tree Removal Permit Required.
Any person desiring to destroy or remove an oak tree with a trunk diameter of eighteen (18) inches or greater at a point 4.5 feet above the root crown (Also referred to as "18 inches Diameter Breast Height (D.B.H.)") on private or public property must first apply for and obtain a removal permit. Such application shall be in writing to the city clerk, who shall forward such application to the city manager of the city or their designee. The application shall contain the number, size and location of the oak trees and a brief statement of the reason of the requested action. Submission of an application shall not require a fee.
Section 12.24.050 Emergencies.
No permit is required for Public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California may also take such action as may be necessary to maintain a safe operation for their facilities. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999) Section 12.24.060 Pruning notice required
Except in cases of emergencies as described in Section 12.24.050, no person public agency shall prune or cause to be pruned any oak tree limb of a diameter of two ten inches or greater within the city without first submitting a completed oak tree intent to prune notice with the city manager, as provided herein.
Section 12.24.100 Public assistance for property owners.
If the city manager determines that a property owner, who has submitted a notice of intent to prune an oak tree, cannot properly prune his or her oak tree without the assistance of a professional tree trimmer, and that said property owner cannot afford to hire a professional tree trimmer because he or she does not have the financial resources to pay for such services, the city manager may provide financial assistance to said property owner for the purpose of pruning or removal of the tree or trees, if all the following conditions are met and funds are available:
1. The property owner uses the property where the tree(s) is located as his or her principal place of residence;
2. The aggregate gross income of all persons eighteen (18) years of age or older residing on the property does not exceed the minimum amount as may be set from time to time, by resolution of the city council, pursuant to this subdivision; and
3. The city manager determines that it is necessary to prune the tree to remove hazardous conditions, remove disease, rot, pests, other harmful conditions, or promote healthy growth of the tree(s).
SECTION 3. The City Council intends this Ordinance to supplement, not to duplicate or contradict any applicable state law and this Ordinance shall be construed in light of that intent.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.
SECTION 7. This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. Section 15061(b)(3).) PASSED AND ADOPTED: BRETT TAYLOR, MAYOR
____________________________
ATTEST:
LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY ____________________________ ____________________________
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2025-06 passed and adopted by the Council of the City of Visalia at a regular meeting held on _____________, and certify a summary of this ordinance has been published in the Visalia Times Delta.
Dated: LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk