A. Findings For Approving A Tree Trimming Application:
1. A tree trimming permit may be issued in either of the following instances:
a. Where a written determination has been made by a certified arborist or a state-licensed tree trimmer that the excess foliage or limbs of the tree pose a reasonable risk of injury or harm to persons or property or are substantially interfering with the structural integrity or the use of an existing structure (including, but not limited to, a fence or wall) and there is no feasible and reasonable alternative to mitigate the interference; or
b. Where a written determination has been made by a certified arborist or a state-licensed tree trimmer, after a visual inspection or scientific evaluation, that the limbs proposed to be trimmed are diseased or damaged or are detrimental to the structural integrity of the tree. The Community Development Director or the Planning Commission may waive the requirement for a certified arborist's written statement when the proposed limbs to be trimmed can reasonably be determined to be dead by a layperson's visual inspection, or when, after conducting an inspection of the tree, the Director of Community Development or the Director's designee determines that the tree poses an obvious and imminent threat to life or property.
B. Requirements For A Tree Trimming Permit:
1. A tree trimming permit shall be required if:
a. More than ten percent (10%) of the live foliage or limbs of a mature oak tree will be removed within a twelve (12) month period; or
b. More than twenty percent (20%) of the live foliage or limbs of any heritage tree or established tree will be removed within a twelve (12) month period.
2. Any person applying for a tree trimming permit shall file with the Director of Community Development an application in writing on a form furnished by the Director. The application shall contain the following information:
a. The name and residence or business address of the applicant;
b. The location of the tree(s) and description of the species of the tree(s);
c. A description of the proposed work including the reason for tree trimming. Photographs may be provided as exhibits, if desired;
d. The name and state contractor's license number of the person who will perform the work. Permits shall only be issued to persons possessing a C-27 or C-61 (D-49) state contracting license;
e. The tree trimming will be performed in accordance with ISA standards; and
f. Additional information as the Director of Community Development may require.
3. No permit is required to trim an established tree or heritage tree damaged by a storm, fire or other natural disaster or determined to be an imminent hazard by the City Manager, any police officer, any firefighter, the Parks Manager, the Director of Community Development, or his/her designee or the Urban Forester. No person shall trim a damaged tree until such finding is made or unless such trimming is otherwise exempt from the requirement to obtain a tree trimming permit.
4. Any public agency or utility company having jurisdiction shall be exempt from the requirement to obtain a permit as long as they notify the City, the property owner and occupant in writing, seventy two (72) hours prior to any trimming of any established tree.
5. A property owner is not required to obtain a permit for removing any foliage or branches from an oak tree, heritage tree or established tree where less than ten percent (10%) of any foliage or limbs are to be trimmed or removed within a twelve month period.
(Ord. O-20-1369, 2-10-2021)