(A) Purpose and intent. This section 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 and to:
(1) Maintain and enhance the public health, safety and welfare through the mitigation of soil erosion and air pollution.
(2) Preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas in the city.
(B) Applicability. The provisions of this section apply to all protected trees defined as follows.
(1) Protected trees.
(a) Quercus family trees (oaks) taller than 15 feet, or with a trunk diameter larger than 12 inches in diameter, or 36 inches in circumference, measured at a point four and one-half feet above the root crown.
(b) California native trees taller than 15 feet, or with a trunk diameter larger than 12 inches in diameter, or 36 inches in circumference, measured at a point four and one-half feet above the root crown.
(c) Mature tree: a tree taller than 20 feet or with a trunk diameter larger 24 inches in diameter, or 75 inches in circumference, measured at a point four and one-half feet above the root crown.
(C) Tree permit required. A tree permit is required to remove, top, trim, prune, damage, or otherwise materially alter a protected tree on private property, except as provided below.
(1) Exceptions. The following are exempt from the requirement for a tree permit.
(a) Trees located in the side and rear yards in the RL and RM zoning districts.
(b) Fruit trees.
(c) Any palm tree that is not listed as a California native.
(d) Normal and routine trimming or pruning which does not constitute trimming or topping or result in damage or death to a tree.
(e) Removal of dead wood.
(f) Cases of emergency where the Community Development Director, Director of Public Works, or member of a law enforcement agency or
Fire Department, determines that the protected tree poses an imminent threat to the public safety, or general welfare.
(g) Removal or relocation of 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.
(h) Removal or trimming of trees for the protection of any public property or public utility property that is undertaken by authority of the city, other public agency having jurisdiction, or public utility.
(D) Tree permit - hazardous or diseased trees.
(1) Application. An application for a tree permit for the removal of a diseased or hazardous protected tree shall be made to the Community Development Department pursuant to § 23.24.020 and contain documentation substantiating the condition of the tree as hazardous or diseased.
(2) Decision. The Director shall approve, conditionally approve, or deny the application within ten working days.
(3) Expiration. A tree permit for a hazardous or diseased tree shall automatically expire if the activities authorized by the permit are not completed within six months after the date of approval.
(4) Replacement. Replacement trees are not required for the removal of a hazardous or diseased tree.
(E) Tree permit - healthy trees.
(1) Application. An application for a tree permit for the removal of a healthy protected tree shall be made to the Community Development Department pursuant to § 23.24.020. The application shall include, but not be limited to the following:
(a) An explanation as to why the tree's removal is necessary.
(b) An explanation as to why tree removal is more desirable than alternative project designs.
(c) An explanation of any mitigation measures.
(2) Review Authority. The Community Development Director shall act as the review authority for tree permit applications based on consideration of the requirements of this section.
(3) Public notice. All applications for tree permits require public notice pursuant to § 23.24.050. The notice shall state that the Director will consider and decide whether to approve, conditionally approve, or deny the removal of a healthy protected tree application on a dated specified in the notice.
(4) Effective dates. A tree permit for a healthy tree shall automatically expire if the activities authorized by the permit are not completed within one year after the date of approval.
(5) Replacement trees.
(a) Number.
1. Quercus family (oaks) and California native trees: Two 24-inch box replacement oak or native trees shall be required for each ten-inch increment of the diameter of the existing tree, or portion thereof.
2. Mature trees: One 24-inch box replacement similar or native trees shall be required for each ten-inch increment of the diameter of the existing tree, or portion thereof.
(b) Location.
1. A minimum of 50% of the replacement trees shall be planted on site.
2. A maximum of 50% of the replacement trees may be planted off-site at locations approved by the Director or have their obligation met through payment of an in lieu fee. The value of each replacement tree, including the cost of installation, shall be established by a certified arborist and the funds shall be dedicated to an urban forestry program of the City of Alhambra.
(F) Enforcement.
(1) Whenever a tree removal has occurred in conjunction with construction or work contrary to the provisions of this chapter, a Code Enforcement Officer shall issue a citation per tree removed without a permit and a City Inspector shall issue a notice to the responsible party to "stop work" on the project on which the violation has occurred. No work shall be allowed until the citation has been paid and the violation has been rectified and approved by the Director.
(2) Whenever a tree removal has occurred, independent of a development project, contrary to the provision of this chapter, no building permits on the property associated with the violation shall be issued for a period of one year.
(3) Whenever a tree removal has occurred contrary to the provision of this chapter, the required number of replacement trees shall be double the standard provision.
(Ord. 4823, passed 1-22-24)