Concord Municipal Code Art. III Protected Trees

It is the intent of this Division to establish regulations for the preservation of large, mature trees, including permitting requirements for the removal of such trees on private property. The preservation of trees is necessary for the health and welfare of Concord residents in order to conserve scenic beauty, prevent erosion of topsoil, protect against flood hazards, counteract the pollutants in the air, and maintain the climatic and ecological balance of the area. It is also the intent of this division to acknowledge the establishment of complementary regulations in the Development Code which ensure the preservation, maintenance, and replacement of protected trees on properties where construction and development is proposed.

(Code 1965, § 4308; Code 2002, § 114-75. Ord. No. 867; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 12-4)

It shall be unlawful for any person to remove, or cause to be removed, any protected tree from any parcel of property in the city without first obtaining a permit to do so; provided, however, that in cases of emergency when a tree is hazardous or dangerous to life or property, it may be removed by order of the Chief of Police, by the Chief of the Contra Costa County Consolidated Fire District, or by the Director of Public Works. Provided, further, in emergency situations only where the public health and safety is affected, any duly authorized representative of any public utility or of the city may remove trees which interfere with the safe and efficient operation of the public service for which they are responsible. Non-protected may be removed without a permit.

(Code 2002, § 114-76. Ord. No. 12-4)

(a) Application. Any person desiring to remove one or more protected trees shall apply to the City Manager for a permit, unless the removal is associated with an application to the Planning Division in which case the provisions of Article VI, Division 3 of the Development Code [recodified in Title 18] shall apply. The application for a permit shall be made on forms provided for the purpose and shall include the following:

(1) A plan which clearly indicates the location of the tree(s) to be removed and the quantity and species of trees to be planted in exchange for the protected tree;

(2) Specification of the species, size, and (if applicable) heritage tree designation of the tree(s) to be removed;

(3) Statement of specific reasons for the proposed removal;

(4) Filing fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services;

(5) Any additional information as the City Manager or other designated person determines necessary, which may include a report prepared by a qualified arborist. An arborist’s report shall generally not be required for the removal of a native tree less than 24 inches in diameter (or a multi-stemmed native tree which has at least one stem which is 8 inches in diameter) as measured 54 inches above the ground surface, provided that the Director of Public Works or his/her designee verifies that the proposed removal meets the review criteria below through a site visit or equivalent evaluation.

(b) Review; criteria for evaluation. Any person desiring to remove one or more protected tree(s) shall apply to the City Manager unless such removal is associated with a project requiring a planning permit pursuant to subsection 8.40.150(d) below. Requests for removal shall be evaluated by the Director of Public Works or his/her designee. In either case, there shall be a complete review of all application information, inspection of the site and subject tree, and a determination of the following:

(1) The condition of the tree or trees with respect to disease, whether the tree acts as a host for plants or animals, its danger of falling, and its potential for endangering other nearby trees;

(2) Proximity to existing or proposed structures;

(3) The proximity to, or potential to, interfere with existing utilities or buildings;

(4) The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic enjoyment of the property;

(5) Topography of the land and the effect of removal of the tree on erosion, soil retention, and diversion or increased flow of surface waters;

(6) The number of trees existing in the neighborhood on improved property and the effect removal would have on the established standard of the area and the property value;

(7) The number, size, and type of replacement trees to be provided.

(c) Priority of applications; staff reports. In reviewing applications, City Manager or his/her designee, shall give priority to those applications for removal of a heritage tree based on hazard or danger of disease. Applications may be referred to another department, committee, board, or commission of the city for report and recommendation.

(d) Coordination with applications for development. An application to remove a protected tree, which is the result of an application for development or construction, shall be subject to the provisions of Article VI, Division 3 of the Development Code [recodified in Title 18]. Such applications shall be submitted to the Planning Division and coordinated with the initial application for approval of that development consistent with the requirements of Article VIII of the Development Code [recodified in Title 18].

(e) Possession of permit. It shall be the responsibility of the person or company removing a heritage tree to have on his person the permit for removal. Noncompliance shall be considered an infraction punishable under section 1.05.220 of this Code.

(f) Enforcement. Any person, including but not limited to the property owner, the person performing the work, and/or any other responsible person, who violates any provision of this Division or any condition imposed upon any permit issued hereunder shall be liable to the City for a civil penalty to be determined by the City based on the value of the tree and the extent of the damage done.

(Code 2002, § 114-77. Ord. No. 12-4)

The decision of the City Manager or appropriate planning agency, whichever applies, may be appealed by the applicant or any interested person to the City Council in accordance with section 2.05.050 of this Code. This section shall not apply to those orders subject to appeal pursuant to subsection 8.40.080.

(Code 2002, § 114-78. Ord. No. 12-4)