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Environmental Leadership
As documented in the
Green City
webpage of this website, Calabasas has taken on a leadership
role in addressing the impacts placed on the environment by
urbanization and a growing populace, and the Planning Division
plays an integral role in the conservation and enhancement of
the City’s environment. Through its implementation of CEQA; the
Tax Defaulted Property Acquisition Program;
the Oak Tree Ordinance,
and
General Plan,
the City of Calabasas seeks to preserve and enhance community
open space and natural habitat.
Environmental Documents
Note:
The following links enable you to read or download and print a
number of environmental documents that are on-hand in the
Planning Division. Many of these documents were prepared in
association with a proposed development project, in which case
the document was prepared and adopted in accordance with the
California Environmental Quality Act (CEQA). (More information
on CEQA is explained below).
OPEN SPACE
Open Space – A Priority
The preservation of the remaining
open space lands within Calabasas and acquisition of new lands
for open space designation are consistently identified as the
community’s highest priority. Open space is a key component of
the City’s character, representing a scenic resource of great
value and importance to the quality of life for Calabasas
residents. Open space protection contributes to public health
and safety, and creates opportunities for public recreation. It
also protects significant environmental resources as many of the
open space areas within and around Calabasas contain an
abundance and variety of sensitive vegetative and wildlife
habitats.
General Plan Approach
[Please refer to the Open Space Element, page III-1 of
the
2030 General Plan,
for more information]
The high quality of life for
Calabasas residents is dependent upon a high quality natural
environment and protection of the area's beauty. The preferred
method of managing remaining open space is to set such lands
aside in large natural parks or conservation areas. One way that
the City has done this, is by zoning certain areas as Open Space
– Development Restricted (OS-DR) land. The OS-DR zoning district
is intended for areas of the city with existing open space that
have been development restricted through the use of deed
restrictions, conservation easements or dedications of common
open space as part of an approved subdivision. The OS-DR zoning
district will also accommodate publicly owned open space land.
However, protecting such resources
requires more vigorous action than simply setting them aside.
Because the City's fiscal resources are not sufficient to
purchase all remaining undeveloped lands, a crucial issue is how
to protect environmental resources while recognizing the
property rights of private landowners. Thus, the Calabasas
General Plan recognizes basic property rights, and limits the
intensity of area development to that which is consistent with
environmental values and the carrying capacity of the land.
One of the keys to maintaining the
overall environmental health of the Calabasas area is to combine
open space preservation with environmental design and site
planning that works with nature to minimize the loss of such
resources, reduce the offsite impacts of development, and
restore, where possible, the environmental and landscape quality
that may have been destroyed by past actions. To that end and
because no two sites are exactly alike, development requirements
in Calabasas must demand protection of the environment, but must
also be realistically flexible to allow developers and builders
to better match their proposals to the environmental and
landscape resources of their sites.
Open space in Calabasas should
represent an extensive network of protected areas with a high
degree of visual and physical continuity, and a systematic order
of purpose. As noted above, the preservation of remaining open
space lands and acquisition of new lands for open space
designation is the highest priority of the community.
The 1995 General Plan identified a
target of 3,000 total open space acres for Calabasas. This goal
has been achieved and a new goal of 4,000 open space acres has
been established. Therefore, in addition to continuing to seek
the retirement of development rights for additional lands,
improving the management of lands already designated as open
space will be a priority for the City. For example, the City
does not currently have a centralized mechanism for coordinating
protection or management of this land use type. Many open space
areas are the result of set-asides that were features of past
development agreements. In some cases, management responsibility
for these areas has not been made clear as part of the approval
process. This situation can be avoided in the future by ensuring
that when an open space dedication is associated with approval
of a project, management responsibilities are made clear, and
possible endowments for management funding are arranged before
final approval is given for the project.
Acquisition efforts, which could
include a benefit assessment district or bond issue, should
focus on high priority parcels. Lands that are potential
candidates for acquisition and designation as open space, in
whole or in part, include several hillside properties that are
current designated Hillside Mountainous (HM).
Tax Defaulted Property
Acquisition Program
Under California tax law, failure
of a property owner to meet the payment obligation of his or her
property tax by the final due date of each year will result in
the Treasurer and Tax Collector sending the property owner a
notice of impending sale followed by a Notice of Auction. The
default opens a 5-year waiting period for residential property
and 3 years for non-residential commercial property during which
the delinquent taxes, interest, and penalties accumulate until
redeemed. At the end of the waiting period, if the tax remains
unredeemed, the Treasurer and Tax Collector has the power to
sell the property at a public auction.
Cities and other
public agencies, however, have the right to request the
L.A. County Treasurer and Tax Collector
to remove a certain property(ies) from the public auction list
and instead sell that/those property(ies) directly to them,
without going to public auction. This is known as a Chapter 8
Agreement, which falls under Part 6 of the
California Revenue and Taxation Code.
The sales price of any property sold under this agreement shall
include, at a minimum, the amounts of all of the following: (1)
all defaulted taxes and assessments, and all associated
penalties and costs; (2) redemption penalties and fees incurred
through the month of the sale; and (3) all costs of the sale.
The City of Calabasas actively
pursues such tax defaulted properties which have/may become
available under the Chapter 8 Agreement, as part of its efforts
to acquire additional land which can be designated as community
open space.
CEQA
About CEQA
CEQA
is an acronym for the California Environmental Quality Act,
which was enacted in 1970 by State Legislature to provide
disclosure to decision-makers and members of the public on
potential, significant impacts on the environment that any
development project may have. Every development project which
requires a discretionary governmental approval is subject to
CEQA, unless an exemption applies. Governmental decisions which
can lead to future physical development (such as the adoption of
a general plan) also require at least some environmental review
pursuant to CEQA.
CEQA requires state and local
agencies to make decisions with environmental consequences in
mind by mandating that they:
-
Disclose the potential
environmental effects of a proposed project to decision
makers and the public;
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Identify ways to minimize and
mitigate any negative effects on the environment;
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Identify feasible alternatives
to the project; and
-
Solicit and respond to
comments from the public and from other agencies concerned
with the project.
Minor development projects, such
as small additions, minor repairs and accessory structures, are
usually exempt from CEQA, due to these projects being determined
to not have a significant effect on the environment.
Article 19. Categorical Exemptions - Sections 15300 to
15333
For more information, please
visit:
California Natural
Resources Agency
Flowchart of CEQA Process
OAK TREES
Note:
Prior to the beginning of any construction or earthwork on
property that has any oak trees within 200 feet property owners
must
contact
the Planning Division. Additionally, Planning Division staff
shall be contacted prior to any pruning or removal of oak trees
on one’s property. Staff will be happy to answer your questions
and assist you with your oak tree inquiry.
Oak Tree Ordinance
Oak trees are a valuable
resource to the community, which is why the City of Calabasas
has adopted an
Oak Tree Ordinance
to help preserve these majestic
trees. Not only does their presence account for much of the
rural character of the City, but these trees also serve to
mitigate the effects of air pollution, solar heat reflection,
and the urban “heat island”. Furthermore, oak trees also provide
essential native habitat for a plethora of wildlife found within
the City’s boundaries.
The Oak Tree Ordinance (Section
17.32 of the
Calabasas Municipal Code)
requires reforestation, registration, and preservation of all
healthy oak trees, unless reasonable and conforming use of a
property justifies the removal, transplanting, altering, and/or
encroachment into the oak tree’s protected zone. Any person or
entity that owns, controls, or has custody or possession of any
real property within the city shall maintain all oak trees and
scrub oak habitat located thereon in a state of good health
pursuant to the
Oak Tree Preservation and
Protection Guidelines. Continued enforcement
of the Oak Tree Ordinance will be a key component of the
maintenance and enhancement of the urban forest in Calabasas.
How to Identify an Oak Tree
Types of Oak Tree Permits
Minor (Healthy) Oak Tree Permit:
A minor oak tree
permit shall be required to remove or alter oak trees, under the
following circumstances:
-
When an oak tree is less than
six inches in diameter, as confirmed by city staff, and has any
portion of its trunk located within forty (40) feet of an
existing primary structure, unless the tree was planted as
mitigation for a prior removal. Oak trees located within a
public right-of-way, however, are not exempted by this
subsection;
-
Pruning of oak trees or
vegetation on scrub oak habitat for fuel modification to meet
city requirements. Official agency documentation must be
provided to the city and verified by city staff prior to
commencing work;
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Routine maintenance action
needed to maintain the continued good health of an oak tree,
limited to removal of deadwood, insect control spraying,
fertilization, cabling, mulching and watering;
-
Routine maintenance actions
needed to assure safe clearance for pedestrians, vehicles or
structures;
-
Replacement, modification or
repair of existing improvements within the protected zone of an
oak tree, as long as the tree is not impacted by the action.
Oak Tree Permit:
An Oak Tree Permit is
required for activities involving a protected oak tree that do
not fall under the category of a Minor Oak Tree Permit. This
includes: removal of certain oak trees; pruning of any oak
trees; encroachments into the protected zone of any oak trees;
and replacement or repair of existing improvements within the
protected zone of an oak tree.
Exemptions:
A permit is not
required to cut or remove an oak tree or alter scrub oak habitat
under the following circumstances:
-
If the oak tree is less than two
inches in diameter, unless the tree is within a scrub oak
habitat or was planted as mitigation for a prior removal;
-
If an oak tree or scrub oak
habitat is damaged by thunderstorms, windstorms, floods,
earthquakes, fires, or other natural disaster or incident and
verified by city staff;
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Replacement or repair of existing
utility lines or structures, while performing emergency or
routine maintenance activities that may impact oak trees or
scrub oak habitat, and which are necessary to maintain the
facilities or other property of a public utility. The utility
shall notify the city of any action taken that impacts oak trees
or scrub oak habitat as soon as reasonably possible.
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