(A) Intent. The purpose of this section is for the preservation and protection of mature trees on private property.
(B) Applicability. The provisions of this section are applicable in all zoning districts of the city. Any planting, replacement and/or maintenance of street trees shall be subject to the provisions of Title 9, Chapter 2 of this code.
(C) Requirements. A tree permit shall be required for the removal of any mature tree measuring at least six inches in diameter, as measured four feet above grade at the base of the tree.
(D) Replacement. Any tree removal shall require the replacement of new plantings at the discretion of the city. The city requires a five to one (5:1) replacement ratio for removal of any protected tree. Each replacement tree shall be a minimum 24 inch box size, though the city may, as part of the tree permit process or as part of any required site plan/design review, require installation of larger trees. When trees larger than 24 inch box size are installed, the tree replacement ratio of five to one (5:1) may be reduced at the discretion of the city.
(E) Prohibited trees. Any tree that may create unsafe conditions by excessive dropping of leaves, bark, fruit or seeds shall not be allowed as a replacement tree. Compliance with § 9-2-7 of this code shall also apply. Unlawful trees include: sycamore, poplar, willow, American elm, walnut, fruitless mulberry, eucalyptus, conifers, pepper, palm acacia and Modesto ash. Fruiting trees are prohibited in city easements.
(F) Permit issuance. The Planning Department shall issue a tree permit for the removal of any mature tree upon approval of an application and payment of required fee.
(G) Protection. It shall be unlawful for any person to remove, injure, or cause death or substantial damage to any tree protected by this section.
(H) Conservation. Tree disturbing activities include excessive cutting or pruning and/or damage to the root zone of live trees. Adverse effects from grading activities or use of extensive impervious surfaces shall require protective measures as set forth in this section. All new trees shall be provided with appropriate irrigation systems and maintenance activities to ensure tree survival.
(I) Exceptions.
1. Exceptions to the provisions outlined in this section shall be made for the following:
(a) Removal of trees which are dead or severely diseased; and
(b) Removal of trees which present a significant safety risk.
2. The city may require a property owner or project applicant to provide a report prepared by a professional arborist or urban forester to address when the exception findings can be made.
(J) New development. When any new development requires the removal of an orchard, the developer shall be required to comply with the provisions of § 6-10-27 of this code.
(Ord. 533, passed 8-16-2005)