12.16.070 Procedure for Removal of Heritage Tree(s).
A. Permit Required. It is unlawful for any person to remove, or cause to be removed, any heritage tree from any parcel of property without obtaining a permit as defined herein.
B. When a tree poses an immediate hazard or is dangerous to life or property, it may be authorized to be removed without a permit by order of the City Manager or other responsible City official.
C. Permit. Any person desiring to remove one or more heritage trees or prune beyond the “best practices” pruning guidelines promulgated by the International Society of Arboriculture or the American National Standards Institute shall apply to the City Manager or their designee or Planning Department, as appropriate, for a permit.
D. Application and Fee. The application for a permit shall be made on forms provided and shall state the reason for removal of each tree and other information as may be required. A plan shall be submitted showing the perimeter outline of adjacent buildings or proposed buildings and the type, number and location of the tree(s) to be removed. The fee shall be established by resolution of the City Council.
E. Report by Qualified Arborist. A report and recommendation from a qualified arborist shall be provided unless exempted by the City Manager.
The applicant shall bear all expenses in conjunction with said report. A City Arborist will monitor permitted removals and trimmings when necessary to ensure protection of the subject heritage tree(s) or adjacent tree(s). If required by the City, the applicant shall bear the cost for the City Arborist to monitor all permitted removals and trimmings.
F. Findings. After reviewing the appropriate application, the City Manager or Planning Commission shall:
1. Make both of the following findings before approving the permit:
a. The removal of the tree will not adversely affect the topography of the land or cause significant erosion or increase flow of surface water; and
b. Removal of the tree, after consideration was given to the number of existing trees in the neighborhood, will not adversely affect the general health, safety and welfare or be detrimental to persons or property in the vicinity.
2. In addition to the two (2) above findings, one of the following findings shall be made before approving the permit:
a. The condition of the tree poses a hazard with respect to disease, danger of falling, proximity to existing or proposed structures and/or interference with utility services; or
b. Removal of the tree is necessary to prevent unreasonable interference with the property owner’s investment-backed expectations. In making that determination, the decision-maker shall consider the following factors: (i) the history of the property, including date of purchase and nature of title; (ii) history of development of the property, including what was built on the property, by whom, and when; (iii) the history of heritage tree regulation in the City, including but not limited to the date of first enactment of the regulations relative to the owner’s acquisition of the property; (iv) the present nature of development and use of the property; (v) the reasonable expectations of the property owner for use of the property; (vi) the reasonable expectations of neighbors in regards to preservation of heritage trees on the property; and (vii) the effect of denial on the property owner’s reasonable expectations, if any.
G. Planning Commission Permit. Any person desiring to remove one or more heritage trees due to proposed construction shall apply for a permit from the Planning Commission. The Planning Commission may require replacement trees in a reasonable number depending on the type and size of the tree(s) removed and the recommendations of a qualified arborist.
H. Permits issued under this section shall be valid for twelve (12) months. One permit extension of six (6) months may be authorized by the City Manager.
I. Notification. If the City Manager determines that a permit should be approved and has made the necessary findings outlined herein, notices shall be sent to all property owners within three hundred (300) feet of the subject property using names and addresses appearing on the latest adopted Assessor’s roll of the county, indicating that a permit will be issued for the removal of the heritage tree unless a written protest is received by the City within fifteen (15) days of the date of the notice. The City Manager shall also post a notice on the subject heritage tree or by using some other marking to readily identify the affected tree to interested parties and to maximize the visibility of the notice.
J. Public Hearing Before the Planning Commission. In the event that a written protest is submitted to the City within the time limits prescribed in subsection (I) of this section, or if a property owner wishes to appeal the City Manager’s decision to deny a permit, a public hearing shall be set before the Planning Commission and the following procedures shall be followed:
1. A notice of the public hearing is to be given by mail at least ten (10) days prior to the date of the hearing to all property owners within three hundred (300) feet of the subject property using names and addresses appearing on the latest adopted Assessor’s roll of the county.
2. The notice shall indicate that written public comments are to be submitted concerning the proposal prior to the public hearing, if possible.
3. A notice of the hearing shall be posted on the subject heritage tree or by using some other marking to readily identify the affected tree to interested parties.
4. The Planning Commission shall review the application and shall make the same findings as required of the City Manager as established in subsection (F) of this section. Any decision rendered by the Planning Commission may be appealed within fifteen (15) days.
5. The Planning Commission may establish conditions of approval for the permit based on the same standards outlined in subsection (F) of this section.
K. Process for Removal of Fire-Prone Trees. An application shall be made on the forms provided. The tree permit fee shall be waived for the removal of fire-prone trees. Upon investigation and verification by the Fire Code Official that the fire-prone trees are deemed to be a fire hazard, the permit shall be granted by the City Manager and no further procedures under this chapter are applicable.
L. No tree with fire-prone properties as defined in this code shall be planted in a high fire hazard zone area as specified in this code.
M. Process for the Removal of Diseased Oak Trees. Upon receipt of a permit application for the removal of a diseased oak tree, staff will confirm that a report from a qualified arborist is attached, which substantiates that the tree is affected with the disease termed Sudden Oak Death Syndrome. Staff will conduct a site inspection to verify the findings of the report and confirm that the tree is dead or significantly affected. If the findings are confirmed, staff will issue the permit for the removal by a qualified tree contractor. No public notification or hearing is required. (Ord. 1069 § 8, 2023; Ord. 1062 § 14, 2022; Ord. 1043 § 16, 2020; Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 833 § 1 (part), 1992; Ord. 780 § 1 (part), 1989; Ord. 772 § 2 (part), 1988. Formerly 12.16.080)