Poway Municipal Code Art. III Removal of Trees on Private Property

A. The Director of Development Services shall maintain the City of Poway’s private tree removal permit records and issue such permits.

B. A property owner shall first obtain a private tree removal permit authorizing the removal of a private tree that is a native tree or a heritage tree subject to terms and conditions deemed appropriate by the Director of Development Services or his/her designee. On commercial and industrial property, a permit shall be required for the removal of any living tree greater than three inches in diameter.

C. Applicants shall be expected to replace these types of trees in accordance with PMC § 12.32.170; “Replacement of Trees.” The Director of Development Services, or his/her designee shall review each private tree removal permit application and make a recommendation as to whether the permit shall be issued or denied. The decision to issue or deny the permit and any terms and conditions of the permit shall be based on the following criteria:

1. The condition of the tree with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures and interference with utility services, age or remaining life span, and whether or not the tree acts as host for a plant which is parasitic to other species of trees which are in danger of being infested or exterminated by the parasite;

2. The necessity of the requested action to construct improvements, or allow economic or other enjoyment of the property;

3. The topography of the land and the effect of the requested action on erosion, soil retention, water retention, and diversion or increased flow of surface water;

4. The number, species, size, and location of existing trees in the area and the effect of the requested action in terms of providing shade, protection from wind, air pollution reduction, historic or cultural value, and scenic beauty upon the health, safety, aesthetics, and general welfare of the City as a whole;

5. Generally accepted International Society of Arboriculture practices addressing topics such as, but not limited to, the number of healthy trees a given parcel of land will support;

6. Native trees shall be retained unless their removal is absolutely necessary.

(Ord. 521 § 1(B), 2000)

Any action by the Director of Development Services may be appealed to the Poway Tree Committee. To be effective, an appeal must be filed within 30 working days after the decision of the Director. The appeal must be in writing and be filed with the Public Service Department. The appeal shall clearly specify the reason(s) for which the appeal is requested. The Poway Committee shall have 30 working days to render a decision.

(Ord. 521 § 1(B), 2000)

Any person removing a live tree pursuant to a permit issued by the Director of Development Services or his/her designee shall replace such tree on a one-for-one basis with a tree of the same size of a species and in a location approved by the Director of Development Services or his/her designee. Where the tree to be removed exceeds the size of a 72-inch-box specimen (approximately eight inches in diameter), two 48-inch box specimen trees shall be used as replacements. These requirements may be waived or modified by the Director of Development Services if it is determined that the requirements impose an unreasonable hardship.

(Ord. 521 § 1(B), 2000)

For commercial, industrial, or residential projects requiring City approval, existing on-site trees shall be retained wherever possible and shall be trimmed and maintained in accordance with the adopted “City of Poway Guidelines to Landscape Requirements.” A master plan of the existing on-site trees shall be provided to the Development Services Department prior to the issuance of building and grading permits, to determine which trees shall be retained. Any dead, decaying, or potentially dangerous trees shall be approved for removal at the discretion of the Director of Development Services during review of the master plan of existing on-site trees. All trees that are removed shall be replaced on a one-for-one basis as described in PMC § 12.32.170, and replacements should be one of the species contained in the adopted “City of Poway Guidelines to Landscape Requirements.”

(Ord. 521 § 1(B), 2000)