(a) Any tree which is either dead, dying, or diseased within one year subsequent to the final acceptance of a development shall be replaced by the developer at the developer’s sole cost and expense. Development entitlements approved by the City shall be conditioned to impose this requirement and to require the posting of a bond or cash deposit to guarantee performance.
(b) After one year subsequent to acceptance of the final improvements, the removal and replacement of street trees shall be authorized by the City.
(c) Except for City agents or employees as set forth in Section 7-2.907, no person shall cut, remove, trim, or in any manner alter the condition of a street tree without obtaining approval from the City.
(d) City approval for cutting, trimming or removal of a street tree may be granted if the City finds and determines that any of the following circumstances exist:
(1) The tree poses a significant threat to people, lawfully established structures, or other trees because of such factors as its continued growth, a structural defect, or its potential to spread disease or pests; as determined and certified by a certified arborist or City’s Landscape Supervisor;
(2) The location of the tree interferes with public utility facilities; as certified by the Public Works Superintendent in consultation and concurrence with a certified arborist or City’s Landscape Supervisor;
(3) The tree interferes with the public safety traffic line of sight or vehicle movement; as certified by the City’s Traffic Engineer in consultation with a certified arborist or City’s Landscape Supervisor;
(4) The removal, trimming, or cutting is part of a Council approved program for the replacement of street trees;
(5) The tree is causing extensive or substantial damages to public or private property, and pruning and other remedial means have proven unsuccessful or will not, in the opinion of the City’s tree consultant or Landscape Supervisor, prove to be effective. Wastewater lateral damage through root infiltration alone shall not be sufficient reason for tree removal;
(6) Alteration or removal is necessary to construct improvements within the public right-of-way as certified by a Registered Civil Engineer of the State of California in consultation and concurrence with a certified arborist or Landscape Supervisor;
(7) Such other reason as, in the judgment of the City, is justified or required in the interests of the preservation of the public health, safety and welfare.
(e) If a street tree is removed, it shall be replaced by a City approved street tree as identified in the Forestry Master Plan and approved by the City’s Landscape Supervisor.
(f) Whether the cost of removal and replacement of the tree shall be borne by the developer, the City, or the adjoining property owner, shall be determined by the Public Works Director or his/her designee according to the facts and circumstances of each case, and on the basis of the causes and reasons for the removal and replacement.
(g) The tree trimming or removal procedures utilized shall conform to the City’s Forestry Master Plan.
(h) In addition to the penalties provided by this Code, any person who cuts, damages, moves or removes any street tree or portion thereof without City approval, in violation of this section, is responsible for payment of proper restitution and may be required to replace the street tree so removed or damaged. Any damage to the tree shall be valued pursuant to the “Standards of Valuation of Amenity Trees” of the International Society of Arboriculture.
(§ I, Ord. 549-NS, eff. November 13, 1975, as amended by § 10, Ord. 1217-NS, eff. September 27, 1994, and § 3, Ord. 1372-NS, eff. February 8, 2001)