A. Applications.
1. Except as provided in Sections 12.32.020, 12.56.080(E) and (F), no person shall perform regulated work without a tree permit. Applications for a tree permit shall be in writing and shall be filed with the director upon forms provided by the city. The application shall include a statement detailing the nature and necessity for the proposed regulated work, the location of the proposed work, and signature of the applicant. The application shall be accompanied by an application fee in an amount established by resolution of the city council.
2. The director may require that the application be accompanied by:
a. An arborist report;
b. 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 trees with identification numbers;
c. A landscape or tree planting plan;
d. A tree protection plan;
e. Proof of compliance with any applicable California Contractors State License Board licensing requirements;
f. Authorization of the property owner;
g. A tree replacement plan if the applicant proposes to remove a city tree or private protected tree; and
h. Any other information the director determines to be necessary.
B. Issuance for Private Protected Trees.
1. The director shall issue the tree permits for removal of private protected trees if the director approves the tree replacement plan and the director finds:
a. That the tree must be removed to use the property for any use permitted as of right or by discretionary permit under the Planning and Development Code for the zoning district in which the property is located, and the use could not be made of the property unless the tree is removed;
b. That the condition of the tree with respect to disease, danger of falling, or interference with utility services, is such that the public health, safety, or welfare requires its removal; or
c. That the tree or its roots are causing, or threatening to cause, damage to any main structure on the property or on any adjacent property and there are no reasonable alternative means to mitigate the damage or threatened damage while minimizing the impact on the tree. Reasonable alternative means of mitigation include, but are not limited to, cutting tree roots, trimming the tree canopy, or installing a root barrier. Removing, relocating, or in any way altering any main structure on the property shall not be considered a reasonable alternative means of mitigation.
2. For all regulated work other than tree removal, the director shall issue tree permits if the director finds the regulated work is necessary:
a. To preserve the private protected tree;
b. To engage in construction activity on the property; or
c. To eliminate a condition of a private protected tree that constitutes a threat to the health, safety, or welfare of the residents, neighbors, or public.
C. Issuance for City Trees.
1. The director shall issue tree permits for regulated work on city trees if the applicant establishes, to the director's satisfaction, that there is a need for the proposed work; any detriment to the city tree population entailed by the proposed work is justified in the individual case and, in the case of removal, the director approves the tree replacement plan. In making the determinations, the director shall consider any relevant factors, including, but not limited to:
a. The health and structural condition of the tree;
b. Whether the proposed regulated work conforms to current best management practices for the tree care industry;
c. The above and below ground space available for root and crown growth;
d. The desirability of the species;
e. Whether the proposed work would improve growing conditions of neighboring trees;
f. The approximate age of the tree compared with the average life span for the species;
g. Whether or not the tree is acting as a host for an organism that is pathogenic to other trees;
h. The need for the proposed work in order to develop property; and
i. Whether there are reasonable means of accomplishing the applicant's goal with less impact to the tree.
2. The director may condition any permit issued for regulated work on city trees as the director determines to be necessary.
D. If the director denies the permit application, the director shall notify the applicant in writing. The applicant may appeal the director's decision to deny the permit application in accordance with the provisions of Section 12.56.070. The director shall provide notice of appeal by the applicant by posting a notice in a conspicuous place on or in proximity to the tree, providing the time, date, and location of the appeal at least fifteen (15) days prior to any hearing on the appeal.
E. If the director issues a permit to remove a city tree or private protected tree, the director shall post notice of the permit issuance for fifteen (15) days in a conspicuous place on or in proximity to the tree. Any person may appeal the decision to issue the permit in accordance with the provisions of Section 12.56.070. A permit shall not be effective until expiration of the fifteen (15) day notice period or final resolution of all appeals, whichever is later.
F. If the director issues a permit to remove a city tree, removal work shall include removal of the tree stump and nearby roots to a depth of eighteen (18) inches, and filling of the hole with clean topsoil, unless waived by the director. If no replacement tree is required by the director, the permittee shall install lawn, groundcover, or paving to match the adjacent area. The permittee also shall repair any damage to the street, curb, or sidewalk caused by the tree's removal.
G. If the community development department determines that a tree permit is necessary for a project that includes an application for a discretionary permit under Title 17:
1. The tree permit shall be processed under the same notice, hearing, and appeal provisions applicable to the Title 17 discretionary permit if the discretionary permit is subject to director level review or higher; or
2. If the discretionary permit is subject to staff level review, the discretionary permit and tree permit shall be processed under the notice, hearing and appeal provisions applicable to director level review.
H. If an application for a tree permit is denied, no tree permit application for the same regulated work shall be filed within one year after the date of final denial by the authority having final jurisdiction in the matter.
I. Tree permits are not transferable. (Ord. 2016-0026 § 4)