(a) Processing. The applicant shall furnish all necessary information as required by the Oak Tree Preservation and Protection Guidelines in a clear and accurate format to the Community Development Department and pay the appropriate filing fee prescribed by City Council resolution.
(1) Administrative process. Except as provided below, the Community Development Director may approve, deny, or conditionally approve a request for removal of three (3) or fewer oak trees that are less than twenty-four (24") inches in diameter when measured at a point four and one half (4-1/2') feet above the tree’s natural grade on a single parcel without hearing or notice. Provided, however, that if one or more of the oak trees proposed to be removed extends into any adjoining property, the owner of said adjoining property(ies) shall be notified in writing of the request prior to the Director rendering a decision. Any decision of the Director may be appealed to the Planning Commission and the Commission’s decision may be appealed to the City Council pursuant to the provisions of Article 28 of this chapter.
(2) Planning Commission process. Any request for removal of any non-exempt oak tree twenty-four (24") inches or greater in diameter when measured at a point four and one half (4-1/2') feet above the tree’s natural grade, and/or four (4) or more non-exempt oak trees on a single parcel shall be reviewed by the Planning Commission following a public hearing, which hearing shall be held in conjunction with the Commission’s consideration of other entitlement applications for a project related to the request, if any. The Commission may approve, conditionally approve, or deny the permit application. The decision of the Commission may be appealed to the City Council pursuant to the provisions of Article 28 of this chapter. Notice of all hearings required hereby shall be provided in the manner set forth in Chapter 12 of Title 9 of this Code.
(b) Standards. An oak tree permit may be approved based upon one of the following findings by the decision maker:
(1) The condition or location of the oak trees requires cutting to maintain or aid its health, balance, structure, or to maintain adequate clearance from existing structures.
(2) The condition of the tree(s) with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas such as parking lots, pedestrian walkways, interference with
utility services, or is causing or is likely to cause substantial property damage based on sufficient evidence and/or documentation and said damage cannot be controlled or remedied through reasonable preservation and/or preventive procedures and practices.
(3) A permit may be approved when necessary to remove, relocate, cut or encroach into the protected zone of an oak tree to enable the reasonable and conforming use of the subject property, which is otherwise prevented by the presence of the tree. Reasonable use of the property shall be determined in accordance with the Oak Tree Preservation and Protection Guidelines.
(4) Approval of the request is not contrary to or in conflict with the general purpose and intent of this chapter.
(§ 1, Ord. 937-NS, eff. November 14, 1986, as amended by § 2, Ord. 1178-NS, eff. May 28, 1993, and § 2, Ord. 1394-NS, eff. June 21, 2002, as amended by Part 1, Ord. 1446-NS, eff. November 25, 2005, § 3, Ord. 1534-NS, eff. April 9, 2010, and Parts 3 and 8, Ord. 1610-NS, eff. January 15, 2016)