Oakley protects heritage and native trees, particularly oaks and specimen trees, through the tree preservation ordinance in the Municipal Code. Removal of protected trees requires a permit, and replacement or in-lieu fees may apply. State SB 972 clarifies that ordinances must accommodate reasonable fire-hazard and dead/diseased tree removal.
Oakley's tree preservation provisions under Municipal Code Title 9 protect heritage trees (typically native oaks such as valley oak, coast live oak, and blue oak above a specified diameter at breast height, commonly 10-inch DBH) and significant specimen trees. Removal or substantial pruning (more than 25% of canopy or major structural branches) typically requires a tree removal permit from the Community Development Department. Criteria for approval generally include: (1) the tree is dead, diseased, or structurally unsound; (2) the tree poses an imminent hazard to persons or property; (3) removal is necessary for permitted construction and no reasonable alternative exists; or (4) the tree significantly interferes with solar access protected under Civil Code section 714. Replacement planting is commonly required at a 1:1 to 3:1 ratio, or payment of an in-lieu fee into the city tree fund. Development projects must submit an arborist's tree survey identifying all protected trees within the project area and proposed preservation, protection fencing, and mitigation. California Senate Bill 972 (various versions) and Public Resources Code section 4291 defensible space rules allow removal of dead, diseased, or fire-hazard trees in fire zones without triggering the full protected-tree process, but documentation is advisable. Unpermitted removal of a protected tree can result in fines, restoration requirements, and, for commercial development, denial of a certificate of occupancy. Street trees in the public right-of-way are the city's responsibility; residents must not prune or remove them without Public Works approval.
Contact your local code enforcement office for specific penalty information.
Oakley, CA
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