By Deb Sally
Lake Group, Executive Committee
Oak trees in Lake County have been a beautiful, resilient and prominent component in the natural landscape, and their protection has taken on new urgency among Lake Group activists.
In addition to helping Lake County move in the direction of providing protections for oak trees, the group has been working with the City of Clearlake to replace trees that have been removed for land development. Several months ago, the City of Clearlake collected fees for the removal of 180 mature oak trees to make room for a low income housing project, which is currently under construction. The Lake Group, the Redbud Audubon Society, and the Anderson Marsh Interpretive Association (AMIA) were asked to help the city figure out how to use this money to plant trees in order to mitigate the loss of the trees.
This project may have a second phase in which a lot more trees will be cut down. It is good to have low-income housing and to utilize land that is already well within the city boundary (infill), but in the process a beautiful oak woodland will be pretty much clear cut. Driving by the entrances to the project recently, it looks like the builders have retained a narrow swath of trees along the perimeter. There were a number of citizens who complained to the city. That certainly helped the developer and the city feel inclined to pay the fees and find a place for the mitigation to happen.
Low-income housing projects are not subject to CEQA, which means the developer could have fought the fee. Henry Bornstein of the AMIA worked with the State Park Department to develop a plan to plant and maintain 100 valley oak seedlings in Anderson Marsh State Park. Approximately $20,000 has been allocated for this project that is slated to begin this fall. The park employees and research assistants will maintain the seedlings for the first year. After that, the AMIA will enlist volunteers to water as needed. There will also be interpretive signs placed explaining oak woodland ecology in the park.
There is still about $73,000 in a city fund to be used to plant trees elsewhere. No appropriate location has been identified. This is but a beginning to the work the Lake Group plans to do with the city to improve its enforcement of a tree ordinance that has been in place for years.
The City of Clearlake approved an oak tree ordinance in March 2008 as a way to “to protect certain native trees to enhance the attractiveness and livability of the city.”
The ordinance, which arose out of concern of major tree removal during land development, protects healthy native blue oaks, valley oaks, interior live oaks, California black oaks, canyon live oaks and Oregon white oaks. The ordinance requires a permit to remove those trees. If the tree is diseased or sick, as determined by an arborist, it can be removed. And a permit does not need to be obtained to remove trees if it is close to power lines or in the footprint of a house, garage or driveway.
Additionally, Heritage Trees are not to be removed without a permit. A property owner may request a heritage tree designation or the city council can make the designation
The ordinance has requirements for tree replacement when permits are granted based on the DBH. If they are to be replaced on site, two trees are to be planted for the first ten (10”) inches plus one additional tree for every additional two (2”) inches of DBH within 12 months of issuance of the permit. They have to be a five-gallon sapling or larger. They must be maintained or replaced until they have gotten established. There are other stipulations about planting offsite, including on city owned property. The actual number of saplings needed to offset the carbon sequestration of a single mature oak tree has not been clearly established. And that doesn’t take into consideration their value as ecological keystone species, aesthetic and psychological value, or their resistance and resilience to fire. It certainly seems like a lot more than two to 10 trees need to be planted. There is also debate about the best size of tree to plant for the highest success rate.
If a property owner does not obtain a permit or violates the terms of the permit, the city considers it misdemeanor violation. Theoretically, the property owner is responsible for all costs associated with the infraction and $1,000 fine for each tree removed or damaged.
An example of how the ordinance has been neglected occurred on a commercially zoned property on Olympic Drive, one of the main entrances to the city. It was completely clear-cut of approximately eight mature oak trees with the intention of constructing additional storage units adjacent to the ones on the adjoining parcel. No fees were obtained via the ordinance from this land owner. When questioned, the city manager wasn’t even aware the trees had been removed. We have requested that the owner be fined and that the money be added to what is available for mitigation from the previously mentioned housing project. City staff has been authorized to levy this fine.
Countywide, tree removal is a big concern among the environmental groups and some of the residents of Lake County. The number of vineyards and cannabis growing projects continues to increase. Hundreds of trees and chaparral are often among the casualties. Mary Darby, the Lake County Community Development director, was asked to draft an ordinance that would provide some protection for trees. She has since resigned from her position. The Lake Group will continue to be in contact with the board of supervisors and staff to urge action on this important issue.
Another large-scale tree removal operation was part of the CalTrans Highway 29 Expressway project. They removed an unknown number of trees along this scenic corridor in 2020 as part of the first phase of this project. The EIR only requires replanting 2 trees for each one removed. Planting young trees in this ratio is inadequate to compensate for the loss of carbon sequestration of the mature trees. Lake Group will be monitoring the mitigation measures that should begin as soon as this fall. The next phase of the project will destroy one of the beautiful corridors where the autumn colors of the oak trees have been spectacular. The project was approved because it will divert commercial trucks from using highway CA-20 along the north shore of Clearlake. Over the years a number of trucks have ended up in the lake, spilling a variety of materials into the lake. There also may be seismic damage happening to homes that are located close to CA-20 along this part of the route. This start date of this phase of the project is undetermined. We intend to do what we can to minimize the impacts of this approved project and monitor the mitigation activity.
Trees, and oaks in particular, provide so much more than carbon sinks. Their value as ecologic keystones and providers of mental health, and their resistance and resilience to fire are all priceless. You can help this effort by determining what your city and county have in place to help protect trees and take action where you can.