A. Application: All persons desiring to remove an established tree, heritage tree, or oak tree in the R-1 or C-1 zones shall first submit a tree removal permit application to the Community Development Director. Any person who removes a tree, or causes a tree to be removed, in violation of this requirement shall be subject to the penalties provided in Section 23.19.08 (Violation, Enforcement, and Restoration) below.
B. Application Contents:
1. A complete application form, signed by the property owner or a licensed State contractor possessing a C61 and D49 or C27 classified license, under penalty of perjury.
2. A tree plan containing the following information: a description of the work proposed to be performed; the number, type, and trunk diameter at the widest point at a point four and one-half feet (4.5') above natural grade of the established tree, heritage tree, or oak tree to be removed; the location of all trees on the property, with all established trees, heritage trees, and oak trees identified; the reason(s) for tree removal, with any tree to be removed for poor health or condition documented in an ISA Level 1 Tree Risk Assessment report prepared and signed by a Certified Arborist. The Director of Community Development may require review of the tree plan by a second certified arborist contracted for and managed by the City. If such review is required, all fees incurred shall be the responsibility of the applicant.
3. Any other information the Director of Community Development, or his/her designee, determines to be necessary.
C. Application Fee: An application for a tree removal permit shall be accompanied by a processing fee, in an amount established by resolution of the City Council. No fee shall be required for the following:
1. An application to remove an established tree, heritage tree, or oak tree that has been damaged by a storm, fire or other natural disaster, and which is determined to be dangerous by the Director of Community Development or his/her designee.
2. An application to remove an established tree, heritage tree, or oak tree found to be dead, as determined by a certified arborist and confirmed by the Community Development Director or his/her designee.
3. An application by a public or private school.
D. Findings For Approval Of A Tree Removal Application:
1. Established Tree: The Community Development Director may issue a tree removal permit if he or she determines that one of the following conditions is met:
a. The established tree adversely impacts the growth of adjacent trees, or constitutes a nuisance or hazard to persons or property because of its condition, location, species, proximity to existing structures, closeness to walkways, or interference with utilities; or
b. The removal of the established tree is part of a re-landscaping plan that will provide a tree canopy replacement that is sustainable over the long term.
2. Heritage Tree Or Oak Tree: The Community Development Director may issue a tree removal permit if he/she determines that the heritage tree or oak tree constitutes a hazard to persons or property because of its condition, location, species, proximity to existing structures, closeness to walkways, or interference with utilities.
E. Requirements For Tree Removal Permit:
1. If a tree removal permit is granted, the permittee shall replace the tree(s) at his/her expense pursuant to the tree replacement matrix (see below). The tree replacement matrix shall not be applicable for the required tree protection plan or the unlawful removal of trees.
TREE REPLACEMENT MATRIX
TRUNK OF REMOVED TREE | REPLACEMENT TREES |
Diameter at Breast Height | Number/Size |
4-8 inches | 1-36" box |
9-12 inches | 2-36" box |
13-18 inches | 4-24" box or 2-36" box |
19-36 inches | 8-24" box or 4-36" box |
37" or greater | 12-24" box or 8-36" box |
2. Heritage trees shall be replaced with equivalent heritage trees, as defined in this Article, that are appropriate or compatible with the landscaping of the property and the neighborhood (as defined in the Municipal Code). All replacement trees must be planted in accordance with all ISA best practices.
3. Oak trees shall be replaced with equivalent oak trees, as defined in this Article, that are appropriate or compatible with the landscaping of the property and the neighborhood (as defined in the Municipal Code). All replacement trees must be planted in accordance with all ISA best practices.
4. If required by the Community Development Director or his/her designee, the permittee shall agree to accept the conditions of tree replacement prior to issuance of the tree removal permit.
5. If transplanting a tree, the new location of the tree shall be approved by the Community Development Director or his/her designee. A certified arborist shall oversee the transplanting of the tree, and a three (3) year guarantee shall be provided. In the event the transplanted tree dies within three (3) years, a comparable tree shall be required to be planted by the permittee as set forth in the tree replacement matrix and approved by the Community Development Director or his/her designee.
6. The Community Development Director, Urban Forester, Planning Commission, or the City Council may reduce the requirement for tree replacement upon determining that there is not enough space on the lot to plant the replacement trees, based on the following site characteristics: size of the lot and capacity for replanting; reasons for removal; number of trees being removed as part of any one (1) request; number of permitted tree removals in the past five (5) years; presence of other trees and vegetation on the same lot; and proposed size and type of replacement trees.
F. Notification:
1. Immediately following approval of a tree removal permit, and at least fifteen (15) days before the tree is scheduled for removal, the permittee shall provide written notice by personal delivery of the tree's location and removal reason(s), to the owners and occupants of all properties within a one hundred foot (100') radius of the site on which the subject tree is located.
2. Immediately following approval of a tree removal permit, the permittee shall also post on the subject tree an eight and one-half inch by eleven inch (8.5" x 11") size notice, in a form and manner approved by the Community Development Director, for not fewer than fifteen (15) consecutive days. If the subject tree is not readily visible from the public right-of-way, notice shall instead be posted on the parcel on which the tree is located, in a location that is visible from, and within ten feet (10') of, the public right-of-way.
3. The permittee shall submit proof of the required noticing to the Community Development Director. No work is to begin until City staff has verified that notice was provided and posted as required by Section 23.19.05.F.
4. The posted notice shall be removed upon completion of the tree removal work, or fifteen (15) days after the end of the ten (10) day posting period, whichever comes first.
G. Stump Removal Required: Where a tree is removed pursuant to this section and the stump is visible from public view, the permittee shall dig out the stump or remove it with a stump grinder. The Community Development Director may permit the stump to be retained if he/she finds that access to the stump cannot be reasonably obtained or the stump is located on a steep slope.
H. Permit Expiration And Inspection: All work for which a tree removal permit is issued shall be completed within ninety (90) days from the date the permit is issued, unless the City grants one written extension for a period not to exceed thirty (30) days. The permittee shall, within seven (7) business days of the completion of the work, contact the Community Development Director and schedule a compliance inspection.
I. Emergency Tree Removals: Notwithstanding any other provision in this Article, an emergency tree removal permit may be approved when necessary to correct a hazardous or unsafe condition that poses a threat to public health and poses a safety hazard because of its high potential for failure due to considerable dead or dying foliage, branches, roots or trunk. An emergency tree removal permit shall only be issued at the discretion of the Community Development Director or his or her designee upon a finding that such work as is necessary to correct the hazardous or unsafe condition, and upon and subject to such terms, conditions and limitations as are necessary to correct the hazardous or unsafe condition. Such permits shall only be issued in accordance with the following:
1. The owner of the tree shall submit an application on a form prescribed by the Community Development Director, along with a tree hazard report prepared by a certified arborist, which documents the existence of the hazard or unsafe condition.
2. If, due to imminent danger, it is not possible to obtain a report from a certified arborist that documents the existence of the hazardous or the unsafe condition of the tree, the Community Development Director or his or her designee may inspect the tree and issue the removal permit.
(Ord. O-20-1369, 2-10-2021)