LA’s Tree Protection Ordinance- SB9 Lot Split
- gregorycmink
- Jan 1
- 6 min read
The short story:
Los Angeles has codes that dictate when a report from a tree expert must be submitted as part of a development project. It also has codes that define who can act as a Tree Expert. I am qualified to act as a Tree Expert in LA because I am a Board Certified Master Arborist and hold a Pest Control Advisor License. Because of the complexity of the rules, this article focuses on Tree Ordinances relevant to SB9 Urban Lot Splits. I will write other articles that cover the complex maze of ordinances that cover the many scenarios a property owner may encounter in LA.
Even processes that have been simplified and will realistically not harm trees (e.g. SB9 Urban Lot Splits) still require consultation with a Tree Expert. A Tree Expert must visit the site and inspect for:
-“Protected Trees” -CA natives like some oaks, bay, walnut, sycamore, Mexican elderberry, and toyon greater than 4” diameter at 4.5’ above ground (per LA’s rules this height is called Diameter at Standard Height or DSH. The more common name throughout the industry is “Diameter at Breast Height”) and
-any trees greater than 8” diameter at standard height.
All those trees must be mapped on a plot plan that shows the trees’ locations, species, size, and proposal for retention or removal.
IF there are “Protected Trees” this also triggers the requirement for a “Protected Trees and Shrubs Report”. This report communicates very similar information to the Onsite Trees Plot Plan described previously plus more detailed maps, information on animal habitat, soil erosion, and requires the arborist to map ALL trees on the property and surrounding right of way (including saplings). There are also Overlays within LA’s General Plan that have different definitions of “Significant Trees”. Those overlays are the Mt Washington/ Glassell Park Specific Plan and the Mulholland Scenic Parkway Specific Plan. I’ll omit those definitions here for brevity’s sake but be aware!
IF there are no “Protected Trees” the Tree Expert must submit a letter stating that. A plot plan showing trees greater than 8” diameter must still be submitted with the letter.
I will always need to perform a site visit when writing this sort of report to ensure there are no small “Protected Trees” hidden on the property. Some of the listed trees are most commonly grown as shrubs, so they can be easily overlooked by a layperson.
Long Story:
Maybe you love LA for the weather. Maybe it’s the food, the history, the architecture, elite sports teams or the beach. For me, it’s the local ordinances that dictate the management of trees! Los Angeles is blessed with a robust bureaucratic system that is great at coming up with new rules. It takes a Tree Expert (as defined in LA Municipal Code 17.02) to know what is expected for some of the different development projects a property owner may undertake in LA. I wanted to write up a quick article on some of the processes, but please note there are a million nuances for a million different scenarios which each have different and sometimes seemingly contradictory requirements. Message me through my website to discuss your project
TREE EXPERT
Let’s start with figuring out who can operate as a “Tree Expert” in LA. This designation is important because it is a requirement for the preparation of some of the reports that are required to be submitted to the Planning Department. LAMC 17.02 defines a Tree Expert as someone with four years experience in the tree care industry who holds certification/licensure in one of the following categories:
1. International Society of Arboriculture (ISA) Certified Arborist AND CA Dept. of Pesticide Regulation (DPR) Agricultural Pest Control Adviser
2. ISA Certified Arborist AND Landscape Architect
3. American Society of Consulting Arborists (ASCA) Registered Consulting Arborist
The big takeaway here is that not every Certified Arborist qualifies as a Tree Expert in the eyes of the LA Planning Department. A Certified Arborist must also hold licensure as an Agricultural Pest Control Advisor. You might be thinking “Isn’t the intent of the Agricultural Pest Control Adviser license to ensure adherence to industry standards and food safety laws for people who provide advice for pest control on farms, forests, and public right of ways?” or “What does this license have to do with management of trees in landscapes?”. The answers are “Yes” and “this license is completely irrelevant to the management of trees in landscapes.” But that’s the way the code is written. Luckily, there are plenty of ISA Certified Arborists, including myself, who do hold this license. I am an ISA Board Certified Master Arborist (WE-10155B) and am a DPR licensed Pest Control Advisor (#166788).
I believe the prior law stated a Landscape Architect could be a Tree Expert without holding any certification as an arborist. This latest ordinance fixes that, and it’s important for the consumer to know that the landscape architect that was kind enough to sign a report as a Tree Expert in the past will no longer be able to do that if he or she is not also a Certified Arborist.
Category 3 is pretty self-explanatory: an ASCA Registered Consulting Arborist qualifies as a Tree Expert per LAMC 17.02
PROTECTED TREES AND SHRUBS
Effective 02/01/2021, Ordinance 186873 outlines the trees that are “PROTECTED” in Los Angeles. Please note the quotations, bold and underline: there are other trees that are protected in some way or another, but these few species are “PROTECTED” in that they trigger a bit more documentation than other protected trees. The ordinance deems any of the below species that have a trunk diameter of 4” or more (either single trunk or cumulative diameter of multiple stems) measured at 4.5’ above the ground as “PROTECTED”:
· Southern CA native oaks, including Coast Live Oak (Quercus agrifolia) and Valley Oak (Quercus lobata), but excluding Scrub Oak (Quercus berberidifolia)
· Southern California Black Walnut (Juglans californica)
· Western Sycamore (Platanus racemosa)
· California Bay (Umbellularia californica)
· Mexican Elderberry (Sambucus Mexicana)
· Toyon (Heteromeles arbutifolia)
Note that Toyon and Mexican Elderberry typically look more like shrubs, so don’t assume that your property is unaffected just because there are no big, grand trees on it. LA has provided this infographic to help you recognize these species: https://planning.lacity.gov/odocument/555281f6-f5ef-44e9-b094-1fce25c1c4dc
Any time you want to remove or do construction work around one of these species, you are going to need a Tree Expert to write a “Protected Tree and Shrub Report”. Here is a link to the Template for this report: Tree Report Template.pdf (lacity.gov) As you can see, the requirements for this report are very strict. This report goes well beyond what is realistically needed on an SB9 Lot Split only to protect these trees. The Tree Report template requires further information on the project’s effect on erosion and wildlife habitat. It also triggers the need for the Tree Expert to map all trees (including saplings) on the project site and surrounding right of way.
TREES OTHER THAN THE PROTECTED TREES
For species other than the 7 listed in the previous section, the Tree Expert must inventory and map all trees greater than 8” at standard height. I did not want to call these non-protected trees because they are protected by the municipal code; the minimum size at which they must be mapped is just larger than the threshold for protected trees. Additionally, finding these species will not automatically trigger the more comprehensive “Tree Report”.
SPECIAL OVERLAY DISTRICTS
- Mt Washington/ Glassell Park Specific Plan- P:\DIVISION\Commplan\PlnBk-PA\SpecPlan Revised 2003\Mt. Washington- Glassell Park SP Revised 2003.wpd Adds definition of “Significant Tree”, which is any tree greater than 12” diameter and/or 35 feet tall. The plan states no Native Tree or Significant Tree shall be removed or damaged without permit
-Mulholland Scenic Parkway Specific Plan- P:\DEPT\DIVISION\SYSTEMS\Specific Plans\MulhollandSP.PDF Requires all oak trees to have permission from the director prior to removal or work that may kill or damage the tree. Also includes tree replacement requirements. Also bans planting certain species of tree.
DELIVERABLES
-Plot plan- a map showing the location of all “Protected Trees” greater than 4” diameter and all other trees greater than 8” diameter in relation to the development. The plan must include a chart showing the tree number, species, diameter, height, and proposed retention or removal. This plot plan can be made by the Tree Expert, it does not have to be signed by a surveyor or civil engineer.
-Letter- IF THERE ARE NO “PROTECTED” SPECIES, the Tree Expert must submit a signed letter stating that. “PROTECTED” means the 7 species listed above.
-Full Tree Report- IF THERE ARE “PROTECTED” SPECIES, the Tree Expert will need to complete a full Tree Report according to the template. This will include more information on development effects on erosion and wildlife habitat, and will require mapping of all trees including saplings of the project site and adjoining public right of ways.
I love LA
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