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)