No person shall alter, remove or relocate, or permit or cause
the alteration, removal or relocation, of any tree, including any
heritage, protected, or street tree, situated in the City, without
a permit as provided in this chapter.
(A)
The provisions of this section shall not apply to the following:
(1)
The alteration, removal or relocation of a tree, except a protected
or heritage tree, situated on "developed property in a R-1, R-1-6,
R-1-7.5, R-1-9, PRD, and R-1-PD zoning district," unless the adopted
policy statement for a particular PRD or R-1-PD zoning district states
that a permit is required.
(2)
The trimming or clearing of any tree's branches or roots from interfering
(a) with the lines of any public utility, City water, sewer and storm
drain lines and open storm drain channels and City streets, sidewalks,
curbs and gutters when necessary for the proper maintenance of such
facilities, or (b) with the maintenance of adequate lines of sight
along City streets and entrances to such streets, including lines
of sight to traffic control signs and signals, provided that accepted
arboricultural practices are utilized in each instance.
(3)
A removal or alteration of any tree necessitated by a hazardous or
dangerous condition of, or caused by the tree, or a portion thereof,
which requires immediate action to protect life or property. Such
a tree, including a street, protected, or heritage tree, may be altered
or removed by City personnel without a permit, or by the property
owner with the prior written permission given by the head of any one
of the following City departments: the Police Department, Fire Department,
Public Works Department, Utilities Department, Recreation and Parks,
Community Development, or City Manager. Decision making authority
in such situations may be delegated to field personnel by the head
of each such Department or by the City Manager.
(4)
Trees, other than heritage trees, situated within City owned parks
and other City owned or controlled places when altered, removed, or
relocated by City employees or by contractors retained by the City.
(5)
Exempt Trees. The following species of tree and any additional species,
as determined by resolution of the City Council from time to time,
are exempt from the provisions of this chapter (except for those that
may exist as street trees) and a permit is not required for their
alteration, removal or relocation: acacia, silver maple, poplar, ailanthus,
hawthorn, fruitless mulberry, ligustrum, pyracantha, Monterey pine,
Monterey cypress, and fruit and nut trees, except walnut trees which
are not exempt.
(Ord. 2858 § 1, 1990)
