16.42.070 Tree Removal Permit.

A.   Permit Required. No protected tree shall be removed, cut down, or otherwise destroyed, unless a tree removal permit has been approved by the director. Notwithstanding the above, a tree removal permit shall not be required in the event that the removal or relocation of a protected tree is proposed as part of a discretionary permit application. While a tree removal permit is not required, all other provisions of this chapter shall still apply to the discretionary permit.

B.   A tree removal permit shall include the following minimum information:

   1.   A tree report consistent with Section 16.42.080.

   2.   A site map indicating existing and proposed elevations, property lines, streets, easements, driveways, buildings and structures, building and structure setbacks, parking areas, existing and proposed land uses, and locations of all protected trees with identification numbers consistent with the tree report.

   3.   A landscape or tree planting plan that is complete with all proposed tree locations and lists tree common name, botanical name, quantity, container size, and the equivalent DSH as outlined in Section 16.42.095.B.3.

   4.   A tree replacement plan with explanation of how proposed replacement trees comply with Section 16.42.095 Protected Tree Replacement Standards.

   5.   Proof of compliance with any applicable California Contractors State License Board licensing requirements such as C-61 (Limited Specialty); D-49 (Tree Service) license.

   6.   Authorization of the property owner.

   7.   Any other information the director determines to be necessary.

(Ord. 553-19 § 7, 2019; Ord. 182 § 2 (part), 1997)

16.42.080 Tree Reports.

A.   A tree report shall be prepared by an arborist.

B.   A Tree Report shall include the following information:

   1.   The precise vertical and horizontal location within plus or minus one foot of each protected tree on the subject parcel and the generalized locations of all protected trees within twenty (20) feet of the subject parcel. Each protected tree shall be assigned an identification number;

   2.   Tree type by common name and botanical name;

   3.   The DSH calculation of all protected trees;

   4.   The approximate canopy diameter of each tree;

   5.   A letter grade for the health of each tree, in accordance with the International Society of Arboriculture and Tree Appraisal Current Edition, or equivalent;

   6.   A letter grade for the aesthetic quality of each tree employing the grades defined in Section 16.42.080.B.5. above;

   7.   Disclosure of any significant disease, insect infestations, heart rot, fire, or mechanical or wind damage;

   8.   Recommended tree surgery^ chemical treatment, or other remedial measures intended to improve the health, safety or life expectancy of the tree; and

   9.   Identify those trees that are to be preserved and trees that are proposed for removal. If proposing removal, provide supporting evidence that the protected tree cannot be preserved pursuant to Section 16.42.090.

(Ord. 553-19 § 8, 2019; Ord. 182 § 2 (part), 1997)

16.42.090 Preservation of Protected Trees.

A.   The design of each project shall recognize the desirability of preserving protected trees to the greatest extent feasible. The design of the grading and other improvements shall reflect consideration of the following safe-guards:

   1.   Provision of sufficient growing areas as required by individual species;

   2.   No disruption or removal of structural or feeder roots;

   3.   Fencing of trees at or beyond their drip lines during grading and construction activities;

   4.   No filling, cutting, development, or compaction of soils within the drip line;

   5.   Preservation of oak leaf litter below the drip line; and

   6.   Other measures required by the particular species of tree(s) to be preserved as recommended by the consulting arborist, horticulturist, or landscape architect.

B.   It is recognized that the preservation of all healthy trees on a development site may sometimes conflict with reasonable land developmental considerations (e.g., adequate drainage, grading, circulation, safety, and provision of utilities.) However, the design of the proposed development shall address preservation of the most desirable and significant of the healthy trees and the developer is encouraged to utilize creative land planning techniques to achieve this goal.

C.   The review authority shall consider each development proposal and determine the adequacy and appropriateness of the proposed plan to preserve and maintain protected trees. Grading and landscaping plans shall implement an approved tree preservation program. The locations of all protected trees shall be indicated on the plans by the number of the tree as described in the tree report. Notes shall identify which trees are to be preserved, and which may be removed. Plans shall be consistent with the required tree protection mitigation measures included in the project application, initial study, mitigated negative declaration environmental impact report and monitoring plan, and the conditions of the development approval. Plans shall be approved by the director and the city engineer. Prior to use inauguration, the preserved trees shall be trimmed for healthy balance, structural integrity and ornamental appearance as recommended in the tree report for the project.

D.   The precise vertical and horizontal locations (plus or minus one foot) of all protected trees shall be shown on the site plan as part of the initial application unless the project does not involve exterior alterations or construction activities.

(Ord. 553-19 § 9, 2019; Ord. 182 § 2 (part), 1997)

16.42.095 Protected Tree Replacement Standards.

A.   Replacement standards.

   1.   A protected tree shall be replaced at a ratio of one inch DSH of tree replaced for each inch DSH of tree removed.

B.   Replacement equivalents.

   1.   Trees planted as replacement trees for native Oak trees or native trees shall be the same species as those removed or a species that is acceptable to the director, with consideration given to species diversity.

   2.   Trees planted as replacement trees for mature trees shall be limited to species that are drought tolerant and ignition-resistant and not deemed to be an invasive species, to the satisfaction of the director.

   3.   The following equivalent sizes shall be used whenever new trees, or combination thereof, are planted (either on-site or off-site) pursuant to a tree replacement plan:

      a.   A tree in a 15 gallon container equates to a one inch DSH.

      b.   A tree in a 24 inch box equates to a two inch DSH.

      c.   A tree in a 36 inch box or larger equates to a three inch DSH.

C.   Security.

   1.   Security may be required for any tree replacement. The security shall guarantee the tree permittee's compliance with conditions of approval and city provisions regarding tree protection and preservation. Security may also be required at the discretion of the director to insure the completion of any additional work specified as a condition of permit approval or other approvals.

   2.   The security shall be in the amount of the estimated cost of the required work. The applicant shall include the cost estimate by an Arborist as part of the tree replacement plan. The terms and conditions of the security shall be reviewed and approved by the director prior to approval of the tree replacement plan.

   3.   Security posted on actual work required shall be maintained for the time period determined by the director.

(Ord. 553-19 § 10, 2019)

16.42.100 Considerations for Approving Tree Removal Permits.

A.   The determination to approve a tree removal permit shall be based upon the following considerations:

   1.   The condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, interference with utility services, or, in the case of mature native oak trees, interference with an addition to an existing single family detached home;

   2.   The necessity to remove a protected tree to construct improvements that allow economic enjoyment of the property;

   3.   The number of protected trees existing in the neighborhood/area;

   4.   Good forestry practices (i.e., the number of healthy mature trees that a given parcel of land will support);

   5.   The necessity to remove a protected tree to construct required improvements within a public street right-of-way, flood control right-of-way. or utility right-of-way; and

   6.   The suitability of the tree species for use in an urban area.

B.   The director may waive any requirement of this chapter based upon a determination that the tree(s) would have little or no ornamental value in an urban setting, or that the tree(s) are located so that they would not be impacted by the proposed development, or evidence is provided from an arborist determining that the current condition of the tree does not justify its protection (i.e., damaged tree or diseased tree).

(Ord. 553-19 § 11, 2019; Ord. 182 § 2 (part), 1997)