(A) Intent and purpose. This Chapter is established to recognize oaks, and other California native and mature trees as significant aesthetic and ecological resources and to create favorable conditions for the preservation and propagation of plant heritage for the benefit of the current and future residents of the city. It is the intent of this chapter to maintain and enhance the public health, safety and welfare through the mitigation of soil erosion and air pollution. It is also the intent of this chapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas in the city.
(B) Scope.
(1) No protected trees as herein defined shall be removed or damaged except in conformance with the provisions of this chapter. The provisions of this chapter shall apply to all protected trees on all private property in all zoning districts, except in the rear and side yards of single family residential dwellings of R-1 and R-2 zoning districts, whether vacant, undeveloped, in the process of development or developed. Protected trees shall not be topped or trimmed except as allowed in the exceptions in division (B)(2) below. Pruning shall not be subject to a tree permit unless, in the opinion of the Community Development Director or designee, the work is so extensive as to constitute trimming, topping, or otherwise damage the tree.
(2) Exceptions. The following are exempt from the provisions of this chapter:
(a) Combined permit. A separate tree permit is not required when a tree removal is requested as part of an entitlement application. However, all other provisions of this chapter apply and must be considered by the Planning Commission as part of the combined development permit.
(b) Emergency situation. Cases of emergency where the Community Development Director or the Director of Public Works or their designees, or any member of a law enforcement agency or Fire Department, in the performance of his or her duties, determines that protected tree poses an imminent threat to the public safety, or general welfare.
(c) Visual barriers. Removal or relocation of protected trees necessary to obtain adequate line-of-sight distances for traffic safety as required by the Community Development Director or the Director of Public Works Services or their designees.
(d) Public property and public utilities. Removal or trimming of trees for the protection of any public property or public utility property that is undertaken by authority of the city, any other public agency having jurisdiction, or any public utility.
(e) Routine trimming. Normal and routine trimming or pruning which does not result in damage or death to a tree. Removal of deadwood is allowed without a permit.
(f) Fruit trees. Any fruit tree may be trimmed or removed without a permit.
(g) Palm trees. Any palm tree, except as listed as California native, may be trimmed or removed without a permit.
(Ord. 4737, passed 7-23-18)