It is the purpose of this chapter to provide a procedure by which the Director may consider the appropriateness of a request to remove a heritage tree, as defined in Division 8 (Glossary).
(Ord. 015-09 C.S., eff. 12-3-09)
The Director is the Review Authority for permits to remove heritage trees. The decision of the Director is subject to an appeal to the Council in compliance with Chapter 16.100 (Appeals).
(Ord. 015-09 C.S., eff. 12-3-09)
A. 
Filing. An application to remove one or more heritage trees shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B. 
Contents. The application shall include:
1. 
The number, circumference, and location of the tree(s) to be removed by type;
2. 
The reason for the removal of each tree; and
3. 
A site drawing (to scale) showing the tree's relationship to existing or proposed improvements.
C. 
Decision. Following review of each application and any written or oral testimony, the Director shall decide if a permit should be granted.
1. 
Basis of Decision. The Director's decision shall be based on the following facts:
a. 
The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with utility services;
b. 
The necessity to remove the tree in order to construct any proposed improvements, and the possibility of revising proposed tentative maps and improvement plans in order to save the trees;
c. 
The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters;
d. 
The number of similar trees existing in the vicinity.
2. 
Director's Determination.
a. 
Approval. If the Director determines that the removal of a heritage tree may be acceptable:
i. 
Notice. A notice shall be sent to property owners and residents within 300 feet of the property on which the tree is located.
ii. 
Hearing. The Director shall hold a public hearing regarding the removal of the heritage tree if a request for a public hearing is received during the 10-day noticing period.
iii. 
Decision.
(A) 
If there is no request for a public hearing or the Director determines that the heritage tree may be removed following a public hearing, the application is approved and the applicant may remove the heritage tree.
(B) 
If the Director determines that the heritage tree shall not be removed following a public hearing, the application is denied and the applicant shall not remove the heritage tree.
iv. 
Appeal. The decision of the Director may be appealed to the Council in compliance with Chapter 16.100 (Appeals).
b. 
Denial. If the Director determines that the heritage tree shall not be removed, the application is denied and the tree shall not be removed. The applicant may appeal the Director's decision to the Council in compliance with Chapter 16.100 (Appeals).
(Ord. 015-09 C.S., eff. 12-3-09)
A. 
Anyone removing or effectively removing, as defined in Division 8 (Glossary), a heritage tree(s) without a permit in compliance with Section 16.130.030 (Permit) shall be subject to a fine in compliance with the Council's fee resolution.
B. 
All fines shall be used to purchase and plant replacement trees in compliance with Section 16.130.060 (Replacement).
(Ord. 015-09 C.S., eff. 12-3-09)
In circumstances where the condition of a heritage tree poses an imminent threat to public health, safety, or welfare requiring immediate removal, as determined by the Director, a public hearing in compliance with Section 16.130.030 (Permit) shall not be required; a permit to remove the heritage tree, signed by the Director, shall be obtained prior to the removal of the heritage tree. In such case where a person has been granted a permit for an emergency removal, payment of the permit fee shall not be required. Emergency removals do not require replacement.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-12-01-1502 C.S. § 34)
Except for an emergency removal of a heritage tree in compliance with Section 16.130.050 (Emergency), any heritage tree that is removed or effectively removed shall be replaced on a three for one basis at the discretion of the Director. The size of the replacement trees shall be determined by the Director based on the size of the tree that was removed, but shall be at least 15-gallon container stock. If possible, the replacement trees shall be planted on the same parcel as the tree that was removed. In those cases where it is not possible to replace the tree on the same parcel, the replacement tree(s) shall be planted in a City park or other location determined by the Director.
(Ord. 015-09 C.S., eff. 12-3-09)