A. No person shall damage or remove, or cause to be damaged or removed, any protected tree on his or her property without a tree removal permit first being obtained in accordance with the requirements of this article. This article is applicable to:
1. Any native or heritage tree that is located within the front yard or in the area of the site between a line within a site area parallel to the front lot line and located at a distance from the front lot line equal to the shortest distance between front lot line and the existing or proposed primary residence on a single-family residential property, if that shortest distance is greater than the front setback.
2. Any native or heritage tree that is located within the street side yard or in the area of the site between a line within a site area parallel to the street side lot line and located at a distance from the street side lot line equal to the shortest distance between street side lot line and the existing or proposed primary residence on a single-family residential property, if that shortest distance is greater than the street side setback.
3. An urban grove located anywhere on a single-family residential property.
B. A tree removal permit shall be obtained from the department of building and safety in the following circumstances:
1. The protected tree proposed for removal is relocated on the same property and such relocation will not damage the tree.
2. The protected tree proposed for removal is in such a condition that it poses an immediate threat to the public health or safety or to property.
3. The protected tree proposed for removal is dead or diseased as determined by a licensed arborist who submits a written report certifying that the disease afflicting the tree or the condition of the tree requires its removal.
4. The protected tree proposed for removal is damaging a sidewalk, street, or other public property and such damage has created a public safety hazard.
5. The protected tree proposed for removal is damaging improvements on private property.
6. The protected tree proposed for removal is interfering with public utilities and such interference cannot be avoided by target pruning performed in a manner that would not damage the tree.
7. The protected tree proposed for removal is a native tree and such tree is replaced by one healthy native tree of any species and of the same size. A native tree proposed for removal from the front setback area shall be replaced in the front setback area. A native tree proposed for removal from the side setback area shall be replaced in the side setback area. Once the replacement tree is planted, the replacement tree shall not be removed without a tree removal permit first being obtained in accordance with the requirements of this article.
8. The protected tree proposed for removal is obstructing an existing view of the Los Angeles area basin from a habitable building on the property where such tree is located.
9. The removal of one or more trees in an urban grove is necessary for the preservation of the health of the grove as determined by a licensed arborist.
C. Notwithstanding subsection A of this section, if a protected tree proposed for removal is in such a condition that it poses an imminent threat to the public health or safety or to property, then the required tree removal permit may be obtained from the department of building and safety after the tree has been removed.
D. Prior to the issuance of a tree removal permit, the department of building and safety may request that a report concerning the subject tree be submitted by a licensed arborist.
E. The decision by the department of building and safety on a tree removal permit application shall be appealable by the owner of the tree proposed for removal to the planning commission in the same manner as an appeal to the city council as provided by title 1, chapter 4, article 1 of this code. The department may refer any tree removal application to the planning commission for its decision. The decision by the planning commission on an appeal or referral shall be appealable by the owner of the tree proposed for removal to the city council as provided by title 1, chapter 4, article 1 of this code.
F. A tree removal permit shall be obtained from the planning commission whenever a protected tree is proposed to be removed as part of a development, building addition, or remodel of an existing building which is subject to a discretionary permit or other approval issued by such commission. The tree removal permit may be applied for concurrently with the related discretionary review application. The decision by the planning commission on a tree removal permit application shall be appealable in the same manner as the related discretionary review application. Upon planning commission approval of a tree removal, the tree removal permit shall be issued by the department of building and safety.
G. A tree removal permit shall be approved under subsection F of this section, if the following findings are made by the reviewing body:
1. The removal of the protected tree cannot be reasonably avoided by redesigning the location or nature of any proposed improvements on the property which have caused the need to remove the protected tree.
2. The removal of the protected tree will not have any significant environmental effects or otherwise harm the public health or general welfare.
3. The removal of the protected tree will not significantly and adversely affect erosion, soil retention, or the flow of surface water.
4. The removal of the protected tree will not significantly and adversely affect the aesthetic quality and appearance of the surrounding neighborhood.
H. Except as otherwise provided by subsection B9 of this section, a tree removal permit shall be obtained from the planning commission whenever ten percent (10%) or more of the protected trees in an urban grove are proposed to be removed. Notice of the hearing on such permit before the planning commission shall be mailed in accordance with article 2.5 of this chapter and the city's public notice guidelines. The decision of the planning commission shall be appealable by the owner of the trees proposed for removal or any person entitled to receive notice of the planning commission hearing under this subsection to the city council. Notice of the hearing on the appeal before the city shall be given to all persons who are entitled to receive notice of the hearing before the planning commission.
I. The application for a tree removal permit shall be made on the form approved by the department of building and safety. An application fee may be established by resolution of the city council. (Ord. 93-O-2176, eff. 8-20-1993; amd. Ord. 94-O-2202, eff. 7-22-1994; Ord. 07-O-2512, eff. 5-11-2007; Ord. 14-O-2661, eff. 6-20-2014)