(A) Pre-application conference. Prior to submission of an application for development, the applicant is encouraged to meet with the Community Development Director to discuss the tree protection ordinance as it relates to the applicant's property.
(1) There are two types of tree conservation permits, minor and major, with varying requirements for each permit.
(2) The purpose of the pre-application conference is to clarify the provisions and procedures of the tree protection ordinance, and to review applicable standards and guidelines for the submittal of documents and required tree protection, replacement and maintenance measures.
(B) Requirements must be met.
(1) Regardless of the type of tree conservation permit required, when any building permit, grading permit, or development permit is applied for pursuant to the city code, and a proposed structure would require the destruction, removal or pruning of a landmark/oak tree, such permit shall not be issued until all requirements of this chapter are met.
(2) In no event shall any disturbance of the premises be allowed until all requirements of this chapter are met and the permit is issued.
(C) Minor tree conservation permit.
(1) Any person desiring to destroy or remove an oak tree or landmark tree on private or public property, in conjunction with a ministerial action, such as an encroachment or building permit, must first obtain a minor tree conservation permit by applying in writing to the Community Development Director.
(a) The application shall contain the number, size and location of the oak/landmark tree(s), and a brief statement of the reason of the requested action.
(b) The Director shall charge a fee for the permit, to be established by the City Council's annual designation of city fees.
(c) The initial removal permit fee shall not exceed $50.
(2) Within seven days of receipt of such application, the Director shall inspect the premises whereon such oak/landmark tree(s) are located, and shall issue an intended decision in writing as to whether or not the application will be approved, with or without conditions; provided, however, that failure to render an intended decision within such period shall not be deemed approval.
(D) Major tree conservation permit.
(1) Permit required.
(a) Except as provided elsewhere in this section, a major tree conservation permit shall be required as part of any application for a site plan and architectural review, planned development permit, tentative parcel map, tentative subdivision map or any other discretionary land use entitlement that will result in a physical change in the environment.
(b) A major removal permit may be processed in conjunction with other permits necessary to carry out a discretionary land use entitlement project.
(c) Discretionary land use entitlements shall not be considered separately without a major tree conservation permit.
(2) Tree survey. Except as provided elsewhere in this section, all applicants for major tree conservation permits shall be required to submit a tree survey prepared by an environmental professional.
(a) The survey is a document that identifies, by common name, certain species of trees of a specified DBH within a particular area.
(b) As required by the Community Development Director, the survey shall list all existing and proposed trees, and shall specifically state whether each tree is proposed to be destroyed, relocated, replaced, preserved at its present location, or introduced into the development from an off-site source.
(c) The Community Development Director may provide that the tree survey exclude those portions of the site he or she determines will not be affected by the development activity.
(d) Any tree survey required by this chapter must be dated within six months of the tree removal permit application.
(3) Tree protection plan.
(a) A tree protection plan shall be submitted with the tree conservation permit, along with other discretionary permit drawings, as part of the development permits process.
(b) The tree protection plan may either be a separate drawing or part of a landscape plan.
(c) The tree protection plan shall include the following information:
1. Definition of spatial limits:
a. Limits of land disturbance, clearing, grading and trenching;
b. Tree save areas;
c. Specimen trees; and
d. Areas of re-vegetation.
2. Detailed drawings of tree protection measures and their location:
a. Location, species and size (DBH) of existing significant trees, and an indication of which ones would remain on the site;
b. Tree fences;
c. Erosion control fences;
d. Tree protection signs;
e. Tree wells;
f. Aeration systems;
g. Transplanting specifications;
h. Staking specifications; and
i. Other applicable drawings as determined by the Director.
3. a. Show all utility lines, existing and proposed, including irrigation and electric lighting lines.
b. In order to prevent root damage within the critical root zones of protected trees, and to minimize damage to trees located in protected zones, the project applicant shall coordinate the location of these utility lines with the utility companies.
4. Procedures and schedules for the implementation, installation and maintenance of tree protection measures.
(4) Cash bonds.
(a) 1. As a condition of the tree conservation permit, the applicant shall submit a cash bond equal to the cost of the conservation efforts outlined in the adopted plan, as determined by the city.
2. The bond shall be held for the purpose of assuring that the conservation efforts are implemented.
(b) 1. If it is determined that practices violating any portion of the municipal code have resulted in tree damage, then the city may require that a cash bond, equal to the replacement value of the damaged tree(s), be submitted.
2. The bond shall be held for the purpose of assuring that all remedial actions required by the city to minimize tree damage are taken, and/or for the purpose of assuring tree replacement should any damaged trees die or show noticeable signs of decline, as determined by a certified arborist, within a designated period of evaluation.
(5) Tree protection inspection.
(a) Following the receipt of a complete application, the Community Development Director shall schedule and conduct an inspection of the proposed development site.
(b) The applicant or applicant's designee shall be advised as to the date and time of the inspection, and given the opportunity to participate.
(6) Plan conformance.
(a) Following inspection, the plans shall be reviewed by the Community Development Director for conformance with applicable general plan, zoning ordinance, tree protection ordinance, and any applicable administrative guidelines, and will either be approved or denied.
(b) Reasons for denial shall be noted on the tree protection plan or otherwise stated in writing.
(7) No further approvals. No approvals for any discretionary permits, grading permit, encroachment permit, construction permit or building permit shall be approved until the tree protection plan and tree conservation permit has been approved by the Community Development Director.
(8) Tree protection measures. All tree protection measures identified in the tree protection plan and tree conservation permit shall be installed prior to land disturbance.
(Ord. 2006-009, passed 5-8-06) Penalty, see § 156.99