It shall be unlawful for any person other than the director to cut, prune substantially, spray, brace, plant, move, remove, replace, or damage any city tree or private/protected tree or to cause the same to be done, except as authorized pursuant to this chapter. Acts prohibited by this chapter include, but are not limited to, the following:
(a) 
Substantially pruning a city tree or private/protected tree without a duly authorized tree permit, even if done to make room for another tree or to clear branches overhanging private property.
(b) 
Knowingly causing or permitting any wire charge with electricity to come into contact with any city tree or private/protected tree, except for decorative or seasonal lighting as approved by resolution of the city council.
(c) 
Placing, applying, attaching, or keeping attached any wire, rope, sign, nail, paint, or other substance or structure to any city tree or private/protected tree or to any guard or stake intended to protect such tree, except for activities performed by the city's urban forestry program staff or city contractors for the purposes of tree care and maintenance, including, but not limited to:
(1) 
Supports for young or broken trees;
(2) 
Paint utilized for marking trees for removal or inspection purposes;
(3) 
Adhering notice of work, permits, and/or removal requests (in a way that will not damage the tree).
(d) 
Placing or maintaining any stone, pavement, or other substance so that it substantially impedes the free access of water or air or that causes soil compaction within the tree protection zone or to the roots of any protected tree.
(e) 
Cutting roots within the tree protection zone so as to cause the protected tree's health to decline or cause a safety hazard.
(f) 
Placing fencing around a city tree that limits access to the tree from the street for maintenance and/or tree removal.
(g) 
Grading so as to cut or fill greater than a two inch change of grade around the trunk or within the tree protection zone of a protected tree. This includes temporary changes to grade such as necessary to install paving.
(h) 
Altering the landscaping or grade of the property including trenching, in a manner that could damage, or potentially and adversely affect the well-being of a protected tree.
(i) 
Removing private/protected trees not in accordance with Section 37.02.070.
(j) 
Any other activity causing significant damage leading to the decline of the tree as determined by evaluation of an arborist.
(Ord. 2099 § 1, 2002; Ord. 2647 § 1, 2023; Ord. 2671, 12/3/2024)
(a) 
Private property owners shall be responsible for irrigating city trees that exist on their property, and are subject to the restrictions contained in Section 37.02.010.
(b) 
Private property owners may place and maintain plants on their property adjacent to or within the tree protection zone (TPZ) of city trees adjacent to their property unless otherwise prohibited by this chapter. However, any such placement within the TPZ of a city tree will be at the risk of the property owner, as the city is not liable for damage of any items, including landscaping, located within the TPZ of a city tree. City trees shall assume priority over other vegetation. The director may require removal of other vegetation at owner's expense if the director determines that such vegetation is harmful to a city tree(s).
(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)
Subdividers are hereby required to provide and plant trees within the city tree easement, according to the city tree planting requirements, for each lot fronting a public street. Furthermore, the subdivider is required to deposit a city tree fee, as established by resolution of the city council, for use by the city during the initial five-year establishment period. During the initial five-year establishment period, the city may provide, among other services tree pruning and training in the planting of city trees, paid for by the city tree fees. The time of payment shall be concurrent with the recordation of the final map or the issuance of a building permit or certificate of occupancy, whichever occurs first, or as required by law.
(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)
(a) 
Any person who constructs or causes to be constructed any building or dwelling, remodels or substantially improves any existing structure within the city as part of a project requiring a building permit or a discretionary project review in a manner that may require city tree and/or private/protected removal or may adversely affect any existing city tree or private/protected tree shall submit to the director the required tree permit request as per Sections 37.02.050 and 37.02.070, at the same time as the building permit application or request for discretionary project review is submitted.
(b) 
The applicant may be required to plant a city or private/protected tree(s) and/or pay, a tree mitigation fee to the city according to Section 37.03.070(f)(2) (which shall be payable prior to the issuance of a building permit). Determination as to whether mitigation can be met on or off site will be based on a proposed planting plan approved at the time of the issuance of such a permit based upon the site conditions, canopy coverage, existing tree species/health, etc. in each instance, by the director, according to the city tree planting requirements. In the case of city tree mitigation, fees may be assessed based upon the type of improvement necessary to plant the city trees.
(c) 
An independent arborist's report addressing existing trees, paid for by the applicant, property owner or developer may be required as defined in Section 37.03.070(b).
Where the issuance of a tree permit will put remaining trees at risk of damage, a bond may be required, in an amount determined by the community development department in coordination with the director and shall be based upon International Society of Arboriculture (ISA) appraisal guidelines (or other approved method) to ensure the safety and/or health of remaining trees to be protected. If the director approves another method of appraisal guidelines, the director shall provide notice of the approved appraisal guidelines to the permit applicant(s) at the time the permit application is issued. If a tree is damaged, the director may require all or a portion of the bond to be paid into the tree preservation fund.
(d) 
Applications shall be considered, and a determination made regarding whether or not and under what conditions the permit should be granted by the entity or official listed below:
(1) 
By the planning commission, as part of any application requiring planning commission approval.
(2) 
By the community development director, or designee, for any tree permit associated with a building permit application, or any discretionary project application requiring approval by the community development department.
(e) 
Any requirements imposed under this chapter, including protection of existing trees, mitigation requirements (including new trees or mitigation fees as provided by 37.03.070(f)(2)) and/or an independent arborist's report shall be completed, or performance secured, to the satisfaction of the director and the community development department, prior to issuance of the building permit or discretionary project permit.
(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)
(a) 
City tree permit application is required for any person desiring to perform any activity that will impact a city tree's roots, canopy, trunk and/or ability to grow naturally, including the prohibited acts listed in Section 37.02.010, up and to removal. A person shall submit a written application to the director for a city tree permit, along with a processing fee, as established by the city council by resolution. In the city tree permit application, the applicant shall describe the act intended to be done, and the number, species, size, and location of trees to be affected. The applicant shall also explain in the city tree permit application the purpose and proposed manner of doing the act and such other information as the city may require (for example, a tree protection plan where applicable).
(b) 
Approval of City Tree Permit for Tree Modification. The director shall review the permit application and determine whether the proposed modification(s) will adversely affect the health of the city tree or the surrounding trees. The director shall also evaluate whether the permit applicant can achieve its goals without modifying a city tree and shall consult with the applicant if the director believes such alternative action is feasible. The director shall approve a city tree permit for city tree modification if it finds all of the following:
(1) 
The health of the city tree will not be adversely affected by the modification;
(2) 
No alternative, other than modifying the city tree is available to meet the applicant's goals; and
(3) 
The proposed act and the proposed method of modification complies with generally accepted standards of tree care, such as those published by the International Society of Arboriculture or other standards adopted or approved by the director. If the director approves standards of tree care, the director shall cause those standards to be noticed to the permit applicant at the time the permit application is issued.
(c) 
Approval of City Tree for Permit for Tree Removal. The director shall review the permit application. The director shall only grant approval of a city tree permit for tree removal if the director can make one or more of the following findings:
(1) 
The tree is damaged, diseased or declining in health; and its physical condition at time of evaluation cannot be remedied without the loss of more than fifty percent of the total canopy.
(2) 
The tree is damaged, diseased or in declining health; and due to its physical condition, presents a potential risk that is, or may become, unacceptable to public health and/or safety.
(3) 
The species of tree is undesirable, invasive, or inappropriate for the site.
(4) 
The tree is causing significant harm and/or is materially injurious to public or private property, improvements, or utility services in the vicinity.
(5) 
No alternative, other than removing a healthy city tree, is available to meet the applicant's goals or constraints with respect to use or development of their property.
In any instance in which the director has the authority to approve an application, the director shall have the discretion to refer the application to the tree appeal board for its review.
(d) 
Approval or Denial of City Tree Permit.
(1) 
If a city tree permit is approved, work can commence once the applicant receives the signed permit, any mitigation fee is paid, and any required noticing (if applicable) or appeal period has been completed.
(2) 
If a city tree permit is denied, the director shall provide a written denial to the applicant. The denial shall set forth the reasons for the denial.
(3) 
Appeal of Permit Decision. Within ten calendar days of receiving the written decision, the applicant or other party with a property interest identified in Section 37.07.020 may file a written appeal of the decision made by the director to the tree permit appeal board.
(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)
The director may issue a comprehensive permit to any public utility for the pruning or other maintenance tasks of city trees, in accordance with this article. A permit issued pursuant to this section will be valid for a period of one year from the date of issuance.
(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)
(a) 
Private/Protected Tree Permit Application. Any person desiring to perform an activity prohibited by Section 37.02.010, including removal, to a private/protected tree protected under this chapter shall submit a written application for a private/protected tree permit and submit it along with a processing fee, as established by resolution of the city council, to the director. The private/protected tree permit application shall describe the act intended to be done, and the number, species, size, and location of trees to be affected. The application shall also explain the purpose and proposed manner of doing the act, site map of the labeled subject trees, and other information as the director may require.
(b) 
Approval of Private/Protected Tree Permit for Tree Modification. The director shall review the permit application. The director shall approve a private/protected tree permit for tree modification if it finds all of the following:
(1) 
The health of the private/protected tree will not be adversely affected by the modification;
(2) 
No alternative, other than modifying the private/protected tree is available to meet the applicant's goals. If the director believes alternative action is feasible, they will consult with the applicant; and
(3) 
The proposed act and the proposed method complies with generally accepted standards of tree care, such as those published by the International Society of Arboriculture or other standards adopted or approved by the director. If the director approves standards of tree care, the director shall cause those standards to be noticed to the permit applicant at the time the permit application is issued.
(c) 
Approval of Private/Protected Tree Permit for Tree Removal. The director shall review the permit application. The director shall only grant approval of a city tree permit for tree removal if the director can make one or more of the following findings:
(1) 
The tree is damaged, diseased or declining in health; and its physical condition at time of evaluation cannot be remedied without the loss of more than fifty percent of the total canopy.
(2) 
The tree is damaged, diseased or in declining health; and due to its physical condition, presents a potential risk that is, or may become, unacceptable to public health and/or safety.
(3) 
The species of tree is undesirable, invasive, or inappropriate for the site.
(4) 
The tree is causing significant harm and/or is materially injurious to public or private property, improvements, or utility services in the vicinity.
(5) 
No alternative, other than removing a healthy city tree, is available to meet the applicant's goals or constraints with respect to use or development of their property.
In any instance in which the director has the authority to approve an application, the director shall have the discretion to refer the application to the tree appeal board for its review.
(d) 
Approval or Denial of Private/Protected Tree Permit.
(1) 
If a private/protected tree permit is approved, work can commence once the applicant receives the signed permit, the mitigation is paid, planting plan (if required) is submitted and approved, and any required noticing (if applicable) or appeal period is completed.
(2) 
If a private/protected tree permit request is denied, the director shall provide a written denial to the applicant. The written denial shall set forth the reasons for the denial.
(3) 
Appeal of Permit Decision. Within ten calendar days from receiving a decision from the director, the applicant or other party with an identified property interest as identified in Section 37.07.020 may file a written appeal of the decision to the tree permit appeal board.
(Ord. 2099 § 1, 2002; Ord. 2269 § 2, 2006; Ord. 2271 § 1, 2006; Ord. 2671, 12/3/2024)
(a) 
Conditions of Approval for a Tree Permit. The director may impose reasonable conditions of approval on any city tree permit or private/protected tree permit, including, but not limited to the following:
(1) 
The director may require a replacement city tree(s) or private/protected tree(s) to be planted and maintained on site or at a nearby site, and/or may require an in-lieu payment to the tree preservation fund.
(2) 
The director will require a tree protection plan to be submitted and approved by the director and based upon the International Society of Arboriculture (ISA) guidelines, to ensure the safety or health of the city tree(s) or private/protected tree(s) during pruning, construction, removals or other activities covered by the city tree permit or private/protected tree permit. If a city tree or private/protected tree is damaged, killed or removed, the director may require additional mitigation to be paid into the tree preservation fund.
(3) 
The permittee or its agent shall conspicuously post the city tree permit or private/protected tree permit on the job site at all times that work is occurring. The permit shall be provided to any city representative, upon demand, for verification of permitted work.
(b) 
A person who receives a city tree permit or private/protected tree permit shall follow all conditions outlined in the permit. If such conditions are not met, the director may immediately direct the permittee to immediately stop work under the permit. Violation of a tree permit condition may result in revocation of the permit.
(Ord. 2671, 12/3/2024)