(A) Purpose and intent and findings.
(1) The purpose of this section is to protect trees, which in the judgment of the County provide numerous aesthetic, economic, and functional benefits.
(2) Protection of woodlands is addressed in Chapter 19.33 of the County Code.
(B) Definitions. The following terms used in this section are defined in the Glossary in Chapter 25.09 of this title.
(1) DBH.
(2) Destroy or Destruction.
(3) Developed.
(4) Drip Line.
(5) Person.
(6) Protected Zone.
(7) Removal/Remove.
(8) Serious Harm.
(9) Tree.
(10) Trees of Special Protection.
(11) Yard.
(C) Permit required; application requirements.
(1) A tree removal permit is required to trench, grade or fill within the dripline of any tree or destroy, kill, remove, or seriously harm, any tree, as defined, on all property, public or private, in the R-1 and RM zones.
(2) All tree removal permits shall remain valid for one year from the date of permit issuance. An additional one-year extension shall be granted upon receipt of a written request from the permit applicant.
(3) The application shall contain the number, species, size and location of protected tree(s) to be affected and a brief statement of the reason for action as well as any other pertinent information the Director may require.
(D) Approval authority.
(1) The Planning Director may approve or deny applications for tree removal permits.
(2) When a permit application requests the removal of three or more trees or when the permit application is associated with a project that will be heard by the Planning Commission, the Planning Director may schedule, with the consent of the Chair of the Planning Commission, the permit request to be heard directly by the Planning Commission.
(3) Approval or denial shall be based on the factors established in this section. Decisions shall include a written statement of the reasons for approval or denial.
(E) Review, determination and findings.
(1) The Director may approve the removal of one tree per parcel every five years without making the findings set forth in division (E)(2), below, except for any “trees of special protection” as defined in this article.
(2) Except as provided in division (E)(1), above, the approving authority shall take into account the following factors in determining what action to take upon the permit application:
(a) The condition of the tree with respect to disease or damage, imminent danger to human life or safety, imminent danger to property, proximity to existing or proposed structures, and interference with utility services where the problem cannot be corrected by pruning.
(b) The potential impact the removed tree or trees may have upon adjacent trees (i.e., increased windthrow). Where appropriate, removal may necessitate an assessment of potential impacts upon adjacent trees by a certified arborist or forester, along with the development of mitigations to lessen such impacts.
(c) The required action is necessary to allow reasonable economic or other enjoyment of the property.
(d) The topography of the land and the effect of the proposed tree removal upon erosion, soil retention, and the diversion or increased flow of sediment.
(e) The number, species, size, and location of existing trees in the area, and the effect the proposed removal would have upon shade, privacy impact, scenic beauty, and property values of the area.
(f) The historical significance or value of the tree to the community, including but not limited to factors such as its service as part of a windbreak system, its assistance in drainage or in the avoidance of soil erosion, its service as a component of a wildlife habitat, or its role in maintaining the existing urban forest.
(g) The type of tree to be removed.
(h) The tree has caused sewer/sidewalk or other property damage.
(i) Whether removal of the tree is necessary to take reasonable advantage of views.
(j) The acceptance of mitigation measures, such as whether the tree will replaced by planting a replacement tree.
(F) Exemptions. This article shall not apply to any of the following:
(1) Vegetation that does not meet the definition of “tree.”
(2) Trees which are not in the “protected zone.”
(3) Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters and determined to be dangerous by a peace officer, fireman, civil defense official or code enforcement officer in their official capacity.
(4) Trees whose removal is determined necessary by Fire Department personnel actively engaged in fighting a fire.
(5) Trees planted, grown and/or held for sale as part of a licensed nursery business.
(6) Trees which require maintenance or removal action for the protection of existing electrical power or communication lines or other property of a public utility, as determined by the Public Utility, its employees, or designee(s).
(7) Trees determined to be an imminent threat to public health, safety, or welfare, or to property, as determined in writing by the Director of Planning and Building Services or the Public Works Director or their designees.
(8) Trees located within existing or proposed public rights-of-way where their removal or relocation is necessary to obtain adequate line-of-sight distances, or removal would benefit roadway usage (i.e. road widening, sidewalk installation, and the like) as determined by the Director of Public Works or his or her designee.
(9) Trees removed pursuant to a permit issued by a state or federal regulatory agency, including but not limited to the California Department of Fish and Wildlife, such as when work is being performed in a waterway to prevent floodway restriction.
(10) Trees whose removal is determined necessary by a certified arborist because the tree is diseased or has received insufficient water to the degree that it is reasonably unlikely that the tree can be fully restored to a condition of good health. The report of the certified arborist must be provided to the County. The County may request the opinion of a second arborist. If the applicant refuses to allow the county arborist to examine the tree, then the applicant may not utilize this exemption.
(11) Trees which are removed as part of a development project that has been considered under CEQA, and (a) the project considered the removal of designated trees, or (b) the removal of trees is contained in a landscape plan submitted in compliance with a condition of approval for the approved project.
(12) Any tree whose trunk is fully located within the boundaries of fully fenced rear yard or side yard on a developed residential parcel. This exemption does not apply to those “trees of special protection.”
(G) Penalty for violations.
(1) Violations are an infraction. Any person violating any provisions of this article is guilty of an infraction and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of this code and/or state law. Each breach of this article shall constitute a separate violation punishable as set forth below. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(H) Enforcement.
(1) [Reserved].
(2) Repair/replacement. Any person who causes a tree to be destroyed, removed, seriously harmed, or killed, in violation of this article shall repair or replace any such tree at the violator’s sole cost and expense, and as directed by the County.
(3) The Director of Public Works and the Planning Director have the joint responsible for enforcement of this article.
(4) The Code Enforcement Officer, and/or any peace officer, shall be empowered to enforce the provisions of this article and shall be authorized to issue citations to violators.
(I) Fees. Any person requesting a permit issued pursuant to this article shall pay an application fee as established by the County.
(Ord. 1043 § 3 (part), 2022)