Sec. 26-259. - Permit required.

(a)

No person, firm or corporation shall remove, relocate, or destroy any significant tree on private or public property within City limits (including an applicant for a building permit) without first obtaining a tree permit from the Community Development Director or their designee. Any significant tree located in or on public property requires a tree permit approval from the Public Services Department.

(b)

No person, firm or corporation shall remove, relocate, or destroy any heritage tree on private or public property within City limits (including an applicant for a building permit) without first obtaining a tree permit from the Planning Commission and/or the Public Services Department. The required mailing labels for the five-hundred-foot (500) property owner notification shall be supplied by the applicant.

(c)

No person shall prune or trim more than twenty (20) percent of live foliage or limbs from any oak tree as defined in this article, or cause the same to be done, unless tree permit is first obtained from the planning division (on private property, or from the public services department (public property). Pursuant to chapter 24 of this Code no unauthorized person shall remove, destroy, prune, or trim any portion of any tree located in or on public property. In addition, any tree with a caliper of one (1) foot or larger located on public property requires a tree permit approval from the public services department.

(d)

No tree permit shall be issued for the removal of any heritage tree or significant tree on any lot associated with a development application, unless all discretionary approvals have been obtained from the City.

(e)

No tree permit shall be issued to remove any Oak (Quercus) which is greater than three (3) feet in caliper if the purpose of the removal is to change the landscape design or for a driveway approach.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-260. - Exceptions to permit requirements.

No permit shall be required for:

(a)

Emergency or routine trimming or pruning of trees located on private or public property to protect or maintain overhead public utility lines, existing subsurface water, sewer or utility lines.

(b)

Emergency removal of damaged parts of a tree which has sustained an injured trunk, broken limbs, or uprooting as a result of storm damage or other natural disaster or catastrophe, which create a hazard to life or property.

(c)

When a written determination has been made by the public services department and/or City arborist, after visual inspection and scientific evaluation, that the tree is so diseased or damaged that it is no longer viable or is a threat to other protected plant species.

(d)

Trees planted, grown, and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a license nursery and/or tree farms.

(e)

Trees within existing or proposed public rights-of-way where their removal or relocation is necessary to obtain adequate line-of-sight distances as required by the City Engineer or poses a threat to public health, safety, and welfare.

(f)

Trees which, in the estimation of the City Engineer, will cause damage to existing public improvements.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-261. - Application and fees.

An application for a tree permit shall be filed with the planning division (located on private property) and/or public services (located on public property). The application shall be on the forms prescribed by the City and shall be accompanied by the fee established by City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-262. - Permit procedure.

(a)

Private property. Where an application for a tree permit is filed on private property the following procedure is hereby established:

(1)

Upon receipt of the application, the Community Development Director or their designee shall investigate the site and evaluate the request. The decision to issue or deny the permit and any conditions of the permit shall be based on the following criteria:

a.

The condition of the tree(s) with respect to disease, damage, danger of collapse of all or any portion of the tree(s), proximity to an existing or proposed primary structure, and interference with utility services, age or remaining life span and whether or not the tree acts as a host for a plant which is parasitic to other species of trees which are in danger of being infested.

b.

Where, upon taking into consideration the size, shape, topography and existing trees upon the lot, the denial of the permit would create an unreasonable hardship on the property owner (i.e., prohibit the construction of a primary structure or deny a property right possessed by other property in the same vicinity and zone).

c.

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 value and scenic beauty upon the health, safety, aesthetics, and general welfare of the area or neighborhood.

d.

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

e.

Whether or not such tree(s) is required to be preserved by any precise plan or other approved plans on record.

(2)

Subsequent to investigation:

a.

Significant trees: The Community Development Director or their designee may approve, conditionally approve, or deny the tree permit.

b.

Heritage trees: The Planning Commission may approve, conditionally approve, or deny the removal application (in case of pruning, the Community Development Director or their designee may approve, conditionally approve, or deny the application).

(3)

Any conditions deemed necessary to implement this regulation, include, but are not limited to:

a.

Replacement of the removed or cut down tree(s) with a tree(s) of comparable species, size, and condition as determined by the Community Development Director or their designee in the case of significant trees and the Planning Commission in the case of heritage trees.

b.

The relocating of the tree(s) on-site or off-site provided that the owner or applicant submit a report from an arborist describing the relocation method and shall provide the City with a five (5) year survival guarantee. Should the tree(s) not survive the survival period, replacement shall occur in accordance with section 26263.

c.

Payment of the proper restitution value of the tree(s), or donation of a boxed tree(s) to the City or other public agency to be used elsewhere in the community should a suitable replacement location of the tree(s) not be possible on-site or off-site.

(4)

Associated with a development application. Where an application for a tree permit is associated with a development application that requires a public hearing, the following procedure is hereby established:

a.

Upon receipt of the application, the Community Development Director or their designee or designee shall investigate the site and evaluate the application on the basis of the following criteria:

1.

The condition of the tree(s) with respect to disease, damage, danger of collapse of all or any portion of the tree(s), proximity to an existing or proposed primary structure, and interference with utility services, age, or

remaining life span and whether or not the tree acts as a host for a plant which is parasitic to other species of trees which are in danger of being infested.

2.

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 value and scenic beauty upon the health, safety, aesthetics, and general welfare of the area or neighborhood.

3.

Whether or not the removal of the tree(s) is necessary to construct required improvements within the public street right-of-way or within a flood-control or utility right-of-way.

4.

Whether or not the tree(s) could be preserved by pruning and proper maintenance or relocation rather than removal.

5.

The necessity to remove the tree(s) in order to construct improvements which would allow economic enjoyment of the property.

6.

Whether or not such tree(s) constitutes a significant natural resource of the City, or is designated as a heritage tree.

(5)

The Community Development Director or their designee, or designee, shall complete the site investigation and make a report to the Planning Commission. The Planning Commission shall review the tree permit and said report at the same time as the development application, and shall conduct a public hearing when required. Said permit shall be considered concurrently with the development application.

(6)

Permit notification. The public hearing notification required by section 26-187 shall include a description of the tree permit request.

(7)

The Planning Commission shall approve, conditionally approve, or deny the application to remove or relocate any significant tree(s) or any heritage tree(s). The Planning Commission may impose conditions deemed necessary, including, but not limited to:

a.

Replacement of the removed tree(s) with a tree(s) of comparable species, size and condition as determined by the Planning Commission.

b.

The relocating of the tree(s) on-site or off-site provided that the owner or applicant shall retain an arborist who shall submit a report to the Community Development Director or their designee which describes the relocation method, whether location is favorable to the survival of the tree and shall provide the City with a five (5) year survival guarantee. Said arborist shall supervise all pruning and relocation procedures. Should the tree(s) not survive the survival period, replacement shall occur in accordance with section 26-263. A bond shall be posted with the City to ensure conformance with this regulation.

(b)

Public property trees. The provisions outlined in chapter 24, article II of this Code shall be observed except in the case when significant trees, heritage trees, or any tree with a caliper of one (1) foot or larger located on public property, is affected. In these cases, a tree permit application is necessary and the following additional procedures are hereby established:

(1)

Significant trees. A tree permit for any significant tree is subject to the public services department. The decision to issue or deny the permit is subject to the criterium and condition outlined in section 26-262(a) (1).

(2)

City trees. A tree permit for any public tree which has a caliper of one (1) foot or more, is subject to approval from public services department. The decision to issue or deny the permit is subject to the criterium outlined in section 26-262(a)(1) and conditions deemed necessary as per section 26-262(a)(2).

(3)

Heritage trees. A tree permit, and mailing labels for the five hundred foot (500) radius property-owner notification requirement, for any heritage tree is subject to the approval by the City Council. The decision to issue or deny the permit is subject to the criterium outlined in section 26-262(a)(1) and any conditions deemed necessary as per section 26-262(a)(2).

(c)

Appeal procedure. Appeals may be filed per the requirements of section 26-193 of this chapter.

(d)

Approval period. Tree-removal permits shall be effective following the appeal period and shall be valid for a period of ninety (90) days, subject to extension. Where the tree permit is associated with a development application, the tree permit shall expire on the same expiration date as the said development application.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)