Chapter 17.96 — TREE REMOVAL

A. The city values its natural features as an integral part of the city life. The purpose of this chapter is to ensure that certain species of trees and/or trees of a significant size are treated as important natural features in the city. In general, healthy protected trees shall not be cut down, removed or destroyed. In a situation where a protected tree(s) are located on sites where development is proposed, protected trees are to be given a high priority throughout the development process with a public hearing and special findings required to remove a protected tree(s).

B. This chapter does not apply to trees in city parks and open space, the unauthorized removal or damage to which is strictly prohibited pursuant to Chapter 12.16 of this Municipal Code. (Ord. 2010-02 § 1 (part), 2010)

Requirements in this chapter apply to protected trees as defined in the Chapter 17.98 (Glossary of Terms). As outlined herein, a tree removal permit is required prior to removal of protected trees within the City of Pinole. (Ord. 2010-02 § 1 (part), 2010)

The pruning of any protected tree shall be performed only when it enhances its structural strength, health, general appearance or for safety reasons. Any pruning must be either completed by a certified/consulting arborist, or by the owner of protected tree who is following a plan created by a certified/consulting arborist. (Ord. 2010-02 § 1 (part), 2010)

A. Time of application.

1. Any person desiring to cut down, destroy or remove one (1) or more protected trees on any undeveloped, vacant property or land under development that requires a building permit in the city, shall file an application for a tree removal permit application with the Community Development Director. If the protected tree removal does not involve development, the application shall be filed not less than ten (10) days prior to the time desired for the physical removal of the protected tree.

2. If the protected tree removal does involve development, the applicant shall file the application concurrently with the first application for approval of the development. The applicant is strongly encouraged to review the proposed development with the Community Development Director to determine which protected trees could be preserved before design drawings are begun.

• B. Content of Application.

1. The application shall contain the precise number, species, size and location of the protected tree(s) to be cut down, destroyed or removed and a statement of the reason for removal, the signature of the property owner authorizing such removal, the signature of the person actually performing the work if different than the property owner and if known at the time of the application, as well as any other pertinent information the Community Development Director may require. The applicant shall submit five (5) copies of drawing and a fee prescribed by City Council resolution to cover the cost of investigation and processing.

2. If the tree removal involves development, the applicant shall provide a tree survey plan specifying the precise location and dripline of all existing trees (protected trees and non-protected trees) on the property.

3. Unless the reason for the proposed removal of the protected tree(s) is evident, (i.e. the protected tree is clearly dying) the applicant shall also submit a certified or consulting arborist's report, which shall include an evaluation of the protected tree(s) to be removed as well as any appropriate recommendations concerning the preservation of any surviving protected tree(s) on the property. The appraisal shall be done at the applicant's sole expense, and the appraiser shall be subject to the city's approval, which approval it shall not unreasonably withhold. (Ord. 2010-02 § 1 (part), 2010)

A. Review by Community Development Director. The Community Development Director shall grant the permit if he or she makes either of the following findings:

1. The condition of the protected tree(s) with respect to disease, species, form, general health, damage, public nuisance, danger of falling, proximity to existing structures, interference with utility services, or damage to existing sidewalks and driveways warrants it's (their) removal and such condition cannot reasonably be remedied through less drastic means.

2. The protected tree(s) acts as a host for a parasitic plant or insect which may endanger other protected tree(s) in the area and cannot reasonably be controlled through less drastic means.

B. Conditions of Approval. Whenever any protected tree removal permit is granted, the Community Development Director shall impose such conditions as may be necessary to safeguard the public safety and the intent of this chapter. A protected tree removal permit shall become null and void if the privileges granted thereunder have not been utilized within one (1) year from the effective date thereof. The conditions will be in addition to those set forth in Section 17.96.060C.

C. Notice of the Decision. The decision of the Community Development Director shall be mailed to the applicant within ten (10) working days.

D. Notification to Planning Commission. After approving an application for protected tree removal permit, the Community Development Director shall advise the Planning Commission of his or her decision at their next regular meeting.

E. Appeals. Any person may appeal the actions of the Community Development Director to the Planning Commission by filing an appeal with the City Clerk pursuant to the procedures set forth for a public hearing as provided in Section 17.10.070. (Ord. 2010-02 § 1 (part), 2010)

The protected tree(s) removal permit applications for protected trees sought to be removed for development shall be considered by the body given the authority to render the initial decision of said discretionary development approval. In the event a protected tree is to be removed as a consequence of a building permit issuance, the hearing body shall be the planning commission.

A. Notice and hearing. A public hearing shall be required on that portion of a protected tree(s) removal application requesting removal of any protected tree(s) notice of the hearing shall be given in the manner specified in Section 17.10.050 of this code. This notice may be consolidated with any notice of public hearing required in conjunction with other aspects of the development approval.

B. Findings. In approving any protected tree(s) removal permit, the reviewing body, through its site and landscaping plan review, shall endeavor to preserve all protected tree(s) to the extent possible. The reviewing body may approve a protected tree removal permit for the removal of a protected tree(s) only if it finds that the burden to the applicant in preserving the protected tree(s) greatly outweighs the benefit to the public and that preserving the protected tree(s) would severely reduce the scale or feasibility of the development. In making the foregoing determinations, the reviewing body shall consider such factors as the following:

1. The species, size, age, condition and value of the protected tree.

2. Whether the protected tree has particular historical or heritage value.

3. The visibility and value of the protected tree to the neighborhood and the public.

4. The contribution of the protected tree to the character of the site and the neighborhood.

5. Whether the development provides a public benefit.

6. The extent of hardship to the applicant in constructing the development using a different design, size or on-site location.

7. Whether measures short of removing the protected tree can be employed consistent with the development.

• C. Conditions.

1. In approving the protected tree(s) removal permit, the reviewing body may impose conditions for the purpose of protecting any protected tree(s) which are to remain or to otherwise ensure compliance with the intent and purpose of this chapter. The conditions will be in addition to those set forth in Sections 17.96.080.B and 17.96.070.A.

2. If the reviewing body approves the removal of any protected tree(s), the reviewing body may require as a condition of approval that the applicant either:

• a. Plant trees as part of the development over and above the landscaping that would otherwise be required at a value equal to the value of the protected tree(s) that will be removed; or

• b. Pay an in-lieu fee to the city in an amount equal to the value of the protected tree(s) that will be removed.

• c. The Planning Commission may impose any other condition they determine appropriate for the tree removal request.

3. As used in division a., the Community Development Director shall determine the amount of “landscaping that would otherwise be required” based on the standards stipulated in the Zoning Code. The value of the protected tree(s) that will be removed shall be determined by the value of each protected tree(s) to be removed as shown on the appraisal provided with the application pursuant to this Section

• 17.96.050.B. Any in-lieu fees collected by the city pursuant to this section shall be used only for the installation or replacement of trees in city parks or open space or other areas of benefit to the city.

4. A copy of the decision and findings shall be mailed by the secretary of the decision-making body acting on the application to the applicant and to such other persons as shall so request in writing. A copy shall also be kept on file in the Community Development Department.

D. Removal authorized. Approval of the protected tree(s) removal plan indicating which, if any, protected tree(s) can be removed shall be used by the Community Development Director to issue a protected tree(s) removal permit for the purpose of this chapter. The tree removal permit, if granted, shall entitle the applicant to remove only the protected tree(s) stated in the plan.

E. Appeal. Any person may appeal the actions of the Planning Commission to the City Council by filing an appeal with the City Clerk pursuant to the procedures set forth for a public hearing as provided in Section 17.40.030.C. (Ord. 2010-02 § 1 (part), 2010)

A. General Requirements. In addition to the conditions stipulated in the tree removal permit, the following must regulations must be met as standard conditions of approval:

1. Prior to and during any demolition, grading or construction, all protected trees within a development area shall be protected by a six (6) foot high chain link (or other material approved by the Community Development Director) fence installed around the outside of the dripline of each tree.

2. No oils, gas, chemicals, liquid waste, solid waste, heavy construction machinery or other construction materials shall be stored or allowed to stand within the dripline of any tree.

3. No equipment washout will be allowed to occur within the dripline of any tree.

4. No signs or wires, except those needed for support of the tree, shall be attached to any tree.

B. Damage to a protected tree. If any damage occurs to a protected tree during construction, the owner, developer, contractor, or any agent thereof shall immediately notify the Community Development Director so that professional methods of treatment accepted by the Community Development Director may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the Community Development Director. Failure to comply will result in a stop work order.

C. The Community Development Director may require a certified/consulting arborist be retained by the developer to be on-site at such times during development as the Community Development Director determines appropriate. (Ord. 2010-02 § 1 (part), 2010)

A. Application. The requirements of this section apply to any development whereby a protected tree will remain within the development area, whether or not a tree removal permit has been issued to remove other protected trees.

B. Guarantee Period.

1. Upon issuance of the first city permit, which authorizes work on the site, the applicant shall guarantee the health of all protected tree(s) to be preserved on the site. The health of all protected trees required to remain on or in the vicinity of the site shall be guaranteed from the date the guarantee is first filed with the Community Development Director until three (3) years after the final inspection of the development or issuance of the certificate of occupancy, if any, whichever is later.

2. The guarantee shall include the applicant's agreement to replace any protected tree, which is to be saved, but that dies during the guarantee period with a tree of the same species as close in size as is reasonably possible within such time and in such manner as is determined by the Community Development Director.

C. Determination of loss/damage of protected tree. Upon determination by the Community Development Director that a protected tree has died through the fault of the applicant as determined under Section 17.96.080.B, pay to the city a civil penalty levied by the Community Development Director for such protected tree in accordance with the requirements of Section 17.96.090. If any person performs any work within the dripline of a protected tree which is not permitted by this chapter or otherwise damages a protected tree in a manner which is not permitted by this chapter or a protected tree permit, that person shall guarantee the health of that protected tree for a period of five (5) years. (Ord. 2010-02 § 1 (part), 2010)

A. Criminal Penalties. Any person, including but not limited to the property owner, the person performing the work and/or any other responsible person, who violates any requirement of this chapter or any condition imposed upon any permit issued hereunder shall be guilty of a misdemeanor. Criminal penalties may be issued pursuant to Chapter 1.12 of this Pinole Municipal Code. B. Civil Penalties.

1. For each protected tree that dies through the fault of the applicant, the Community Development Director shall levy a civil penalty not to exceed fifty dollars ($50) for each inch of circumference of the protected tree's stem, measured four and a half (4 1/2) feet above the natural grade. A protected tree shall be presumed to have died through the fault of the applicant unless the applicant can prove that the protected tree died for reasons beyond the applicant's control.

2. In addition to such penalty, whenever the cost of replacing a protected tree for which a civil penalty is levied is less than the appraised value of the tree included with the permit application, the applicant shall also pay to the city the difference between that appraised value and the cost of the replacement tree. The applicant's verified receipt for the cost of the replacement tree shall be conclusive proof of that cost. If the applicant chooses not to submit such a receipt within ten (10) days following replacement of tree, then the Community Development Director shall determine the value of the replacement tree.

3. The Community Development Director shall be responsible for making any necessary factual determination under this section and shall put such determination in writing and mail it to the applicant.

4. Whenever the applicant disagrees with the determination of the Community Development Director under this section, he or she may file a written request with the Community Development Director for appeal of his or her decision. Such request must be filed within ten

• (10) days after the city has mailed to the applicant a written notice of the Community Development Director's initial determination.

• C. Appeal of Civil Penalty.

1. Any person may appeal the actions of the Community Development Director to the planning commission by filing an appeal with the City Clerk pursuant, to the procedures set forth for a public hearing as provided in Section 17.40.030.A and B. And thereafter appeal to the City Council as provided in Section 17.40.030.C.

2. The penalties collected pursuant to this section shall be used, in the following order of preference and at the direction of the Community Development Director: to provide additional trees on the applicant's property; to upgrade street trees on peripheral streets; to beautify public places in the area of the applicant's property; or to provide landscaping on city property.

• D. Penalty Payment. All penalty payments shall be made in the Community Development Department.

E. Cumulative Remedies. The foregoing remedies shall be deemed non-exclusive, cumulative and in addition to any other remedy the city may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter. The city reserves to itself in its discretion the ability to permit an applicant to replace any protected tree illegally removed with a new tree of equal or greater size or value in lieu of or in addition to any penalties. (Ord. 2010-02 § 1 (part), 2010)