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ARTICLE 12: TREE PRESERVATION AND REGULATION
(A) Within the city there exists many native and non-native trees that greatly add to the aesthetic quality of the city. The older parts of the city adjacent to the San Joaquin River contain several horticultural trees planted by early settlers that have since become landmarks. In addition, recent annexations have added areas of oak woodland worthy of protection.
(B) The city recognizes that the retention of existing trees enhance the built environment, thus beautifying the community and benefiting the city with increased property values. It is the intent of this chapter to regulate the removal of trees, with the goal of retaining as many trees as possible while recognizing individuals' property rights.
(Ord. 897-C-S, passed 10-25-94)
(A) Permit or development application. Except as provided below, it is unlawful to destroy or remove any established tree on any property within the city without either:
(1) Obtaining a tree removal permit from the Department of Parks, Leisure and Community Services; or
(2) Receiving approval to remove such trees as part of the regular development application process.
(B) Penalty. A person who either removes or destroys an established tree prior to obtaining the required permits and/or approvals, or deliberately damages an established tree so that its removal is then necessitated for public safety, is subject to the penalties of this chapter and code.
(C) Exceptions. The following trees may be removed without either a tree removal permit and/or regular development application:
(1) If the condition of any tree presents an immediate hazard to life and/or property its removal may be authorized by the City Engineer.
(2) Other than for protected trees as defined by this article, trees on developed residential properties may be removed without a permit.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904
(A) It is the purpose of this section to regulate the removal of protected trees on developed property, when such removal is not associated with a regular development application.
(B) Such requests are typically related to routine maintenance and/or re-landscaping.
(1) Application required. An application shall be made in writing on a form furnished by the Department of Parks, Leisure and Community Services and shall be accompanied by the following information:
(a) A sketch showing the location(s), size (in diameter and approximate height), and species of tree(s).
(b) The applicant and/or property owner's name, address and telephone number.
(c) The name of the company or individual designated to remove the tree(s), their address, phone number (and business license number if applicable).
(2) Decision regarding permit application.
(a) Time of decision. The Department of Parks, Leisure and Community Services shall render a decision regarding the permit application within 10 working days after filing of a complete application.
(b) Criteria. In deciding whether to issue a permit, the Department of Parks, Leisure and Community Services shall consider the following criteria:
1. The condition of the tree(s) with respect to its health, proximity to existing structure(s), and the likelihood of future damage to said structure(s) and nearby utilities should the tree(s) not be removed.
2. The necessity to remove the tree(s) for reasonable use and/or enjoyment of the property.
3. The aesthetic impacts of tree removal in relation to the size and species of the subject and nearby tree(s). Typically the city will encourage the preservation of uniform street tree patterns where such patterns have long been estab-lished.
(3) Requirement for street tree replace-ment. In allowing for the removal of a street tree, the Department of Parks, Leisure and Community Services will require that a replacement street tree be planted. The property owner may select the species of the replacement tree, with tree selection subject to city approval.
(4) Special concern for landmark trees. Applications to remove landmark trees as defined by this section will require the mailed noticing of said application to all adjacent property owners. Decisions on landmark trees are to be made by the tree committee, which shall provide a 10 day comment period to allow neighbors to respond to the notice.
(5) Appeal. A person aggrieved or affected by the decision of the Department of Parks, Leisure and Community Services may ask that the city's standing Tree Committee, as defined by this chapter, review the permit applications. Should the Tree Committee not grant the permission to remove the tree(s), a further appeal may be filed with the Board of Administrative Appeals pursuant to § 1-4.01 of this code.
(Ord. 897-C-S, passed 10-25-94)
(A) The city discourages the removal of trees from undeveloped property as defined by this chapter.
(B) Over the past years, the city has needlessly lost many valuable established trees that could have been incorporated into proposed developments had the tree(s) not been previously removed.
(1) Special circumstances to allow tree removal. Unless the subject established tree(s) is deemed to cause imminent potential harm to the public, neighboring property, and/or adjacent streets and utilities if it is not removed, decisions regarding potential tree removal are to be deferred to the time of regular development application. Should a property owner wish to remove a tree(s) from undeveloped property, an application shall be submitted to the Department of Parks, Leisure and Community Services as described in this chapter.
(2) Tree Committee review of all applica-tions on undeveloped property. All applications concerning trees on undeveloped property shall be reviewed by the Tree Committee as defined by this chapter. Factors to be considered are the trees' age, size, and the presence of imminent risks as documented by a certified arborist. The city may commission a certified arborist, at the applicant's expense, to provide information on the health of the tree. Typically, healthy trees may not be removed from undeveloped property.
(3) Special concern for landmark trees. Applications for removal of landmark trees as defined by this section shall be subject to the same noticing requirement as is required for a use permit.
(Ord. 897-C-S, passed 10-25-94)
It is the purpose of this section to encourage the preservation of existing trees and outline the conditions which allow for the removal of trees in conjunction with property development.
(A) Request for tree removal incorporated into regular development application. If any established trees are on the subject property, the following information shall be provided with the regular development application.
(1) A site plan showing the existing topography with location of all established trees, clearly labeling those trees which are proposed for either saving or removal.
(2) A description of all established trees on the property, including the size (in diameter), estimated height, species, and relative condition (i.e., healthy vs. in decline).
(3) A written statement requesting permission to remove the subject tree(s) providing the reason for the request.
(B) Action on tree removal request by decision-making body. Approval or denial of the tree removal request will be made as part of the regular develop-ment application process. As part of the dis-cretionary project review process, the decision-making body may require the preservation of a tree proposed for removal and conversely may condition the removal of a tree. Decisions to preserve and/or remove will be based on the following factors:
(1) The highest priority will be placed on the preservation of landmark and indigenous trees as defined by this chapter. Mature and established trees shall generally be preserved in respective order, although tree appearance, species and aesthetic compatibility with the proposed project are additional factors to be considered.
(2) Permission to remove tree(s) species that do not or will not contribute to the aesthetic value of the proposed project may typically be granted. The provision of shade and context of the landscape design are both to be considered.
(3) While the city may require some more modifications to a proposed site plan, if the retention of a tree would severely limit the development potential of a property when compared to neighboring property, its removal may be permitted. In order for such tree removal to be granted, the applicant must document, with alternative plans and cost estimates, how the tree preservation would unduly burden the property and development.
(C) Need of an expert opinion. Anytime during the project review process, the city may commission a certified arborist, at the applicant's expense, to provide a report on the health of a tree that the applicant requests permission to remove solely for reasons based on the alleged health of the tree such as the creation of a hazard to future circulation, buildings and/or utilities. Other factors may include the relative health and the age of the tree and its likelihood of long term survival.
(D) Appeal. As with all discretionary approvals and/or conditions of the Zoning Administrator, Planning Commission and the Design Review Board, requirements for tree preservation and/or removal may be appealed as stipulated in this chapter.
(E) Required plus prior to initiating development. Prior to the granting of a building and/or grading permit, the applicant shall provide a site plan showing all protected trees as defined by this chapter. There is to be no excavation within the drip line of such trees with the drip line to be clearly shown in all grading and layout plans.
(F) Special circumstances to allow grading within the drip line. Although it is always preferable to avoid grading within the drip line, there may be special circumstances where grading may be permitted, such as when the preservation of a tree would otherwise not be possible. The permission to grade within the drip line is not to be seen as a routine procedure for protected trees, but as an alternative to removing trees that would otherwise be removed.
(1) Required plans and additional arborist studies. There is to be no excavation within the drip line of such trees unless specific plans are to be submitted to the Department of Community Develop-ment staff that indicates how grading within the drip is to be carried out without critically harming the tree. Additional arborist's studies must be provided to support the grading proposed.
(2) Bonding for protected trees where grading will occur within the drip line. Prior to the granting of a building and/or grading permit, the developer shall post a bond for each protected tree at which grading will occur within the drip line. The bonding schedule will be as listed under section “bonds and penalties.” The city will conduct ongoing inspections during the course of the grading to assure adherence to approved plans. Should the tree(s) die “during the course of property development” as defined by this chapter, the bond shall be forfeited to the city and used for tree replacement. A percentage of the bond will be retained in either case to assure tree survival for up to five years after the issuance of a certificate of occupancy.
(G) Protection of trees during construction. Unless specific exceptions are granted prior to the initiation of construction, all construction activity and traffic shall be prohibited from the area within the drip line of a protected tree. Should the tree(s) die “during the course of property development” as defined by this chapter, the applicable penalties of this chapter shall be levied.
(H) Damage of protected tree during con-struction. Should a protected tree be damaged during site development, the developer shall administer all reasonable methods of treatments as approved by the Director of Community Development. The repair of the damage shall be at the expense of the developer. In addition, the city may require the posting of a bond pursuant to the requirements of this section.
(I) Need for re-hearing of a project. Any time after initial approval of a site plan by either the Zoning Administrator, Planning Commission and/or City Council, an applicant's request to remove a “protected tree” as shown on the approved site plan will require a hearing. A new public hearing will be held on the issue of tree removal and the applicant will be required to re-notice the surrounding property owners as stipulated in this chapter.
(J) Replacement of trees that where legally removed.
(1) All trees that are legally removed shall be replaced according to the following schedule:
(a) Each established tree: two 24 inch box trees.
(b) Each mature tree: two 48 inch box trees.
(2) Legally removed indigenous and land-mark trees shall be replaced by boxed specimens at a rate and size to be established by the decision-making body at the time of regular development application approval.
(K) Requirement of subsequent owners to maintain trees. All future owners of parcels on which trees were required to be maintained, (as a condition of approval) shall be responsible for continued maintenance of such trees. Buyers of property with such trees, as well as buyers of new all single-family homes, shall be given disclosure notices from the owner and/or developer of this requirement, and all other responsibility of tree management and/or preservation as required by this chapter.
(L) Previously approved projects. Projects having tentative map, final development plan, use permit, and/or design review approval prior to the effective date of this chapter are not subject to this section of the chapter, unless those pre-existing approvals expire.
(Ord. 897-C-S, passed 10-25-94)
(A) Payment required.
(1) Payment amount. Payments in the amounts as listed by the following table will be collected by the city pursuant to the requirements for bonds and/or penalties as mandated by this chapter:
Tree Size (Diameter) | Bond Amount |
10 to 17 inches
|
$1,000
|
18 to 25 inches
|
$2,000
|
26 to 36 inches
|
$3,500
|
37 to 48 inches
|
$5,000
|
48 and larger
|
$10,000
|
(2) Acceptable methods of payments. All payments made for penalties and or bonds shall be cash, or equivalent security, as approved by the City Attorney.
(3) Maximum bond amount per develop-ment parcel. The property owners' and/or developers' obligation for cash or other security deposit shall not exceed a maximum of $25,000 per development parcel.
(B) Refund of bond security. At the end of the course of property development as defined by this chapter, the city shall make a determination as to the health of the protected tree(s) for which a security deposit was made. Unless the tree(s) shows obvious signs of ill health, the deposit shall be returned to the developer and/or property owner. Should the tree be in poor condition, the city may either:
(1) Extend the length of time the bond is held; or
(2) Require that the bond be forfeited and used for tree replacement.
(C) Use of penalties and forfeited bonds. The money acquired by the city under this section shall be used as follows:
(1) Money collected in conjunction with property development shall be used in the following order or preference, at the direction of the Director of Community Development:
(a) To replace trees that have died during the course of property development with a tree of the same species and as close in size as reasonably possible.
(b) To provide additional landscaping on the developers' or property owners' property.
(c) To upgrade and/or landscape public places in the vicinity of the property.
(2) Money collected by the payment of penalties for failure to obtain a tree removal permit from the Department of Parks, Leisure and Community Services (independent from site development) shall be used for neighborhood beautification project as per the discretion of the Director of Parks, Leisure and Community Services.
(D) Exemption from fine. No penalty shall be paid and/or security deposit bond forfeited if a tree dies during the course of property development but for reasons beyond the developer's reasonable control. In order for this exception to be granted, all grading and construction must be consistent with approved plans.
(Ord. 897-C-S, passed 10-25-94)
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