§ 17.24.4. Permit required.

An applicant who desires to remove, destroy or prune a heritage tree is required to file an application on a form provided by the city.

A.

Application. The application shall contain the following information on the form provided by the Planning Director together with the fee fixed by resolution:

1.

Each heritage tree to be altered, removed, destroyed or relocated;

2.

Justification statement setting forth the reasons for proposed alteration, removal, relocation or destruction of a heritage tree;

3.

Other pertinent information required by the Planning Director.

B.

Development Coordination. If a development project is proposed for the site, an application to remove, destroy or prune a heritage tree shall be submitted and reviewed concurrently with the building or grading permit application.

C.

Director Review. The Director shall inspect the tree and review the application. The Director may refer the application to another city department, board, commission or committee as considered appropriate and may require additional information considered necessary.

D.

Director Evaluation. No heritage tree may be removed or destroyed unless it poses a hazard or would impose extreme hardship on the property owner. The Director shall make such determination and recommend approval or disapproval of the application to the City Council based on the following factors and guidelines:

1.

The location and condition of the heritage tree with respect to disease, species, form, general health, public nuisance, danger of falling, proximity to existing structures and interference with utility services;

2.

The effect of tree removal, destruction or alteration on shade, views, privacy, fire safety, historic or scenic beauty and the general welfare of city residents;

3.

The topography of the land and the effect of tree removal on soil erosion and flow of surface water;

4.

The number, species, size and location of other trees in the area;

5.

Good urban forestry practice, including the collective health and vigor of trees in the neighborhood and the city;

6.

The necessity for alteration, destruction, removal or relocation in order to construct a required improvement within a public right-of-way or to construct an improvement that allows reasonable economic enjoyment of private property;

7.

The existence of any economical alternative to preserve the quality of the tree which led to its designation as a heritage tree, including but not limited to tree pruning, thinning, windowing and modification of building or grading plans.

E.

Conditions of Approval. The City Council may impose one or more of the following conditions of approval:

1.

If the City Council finds that no reasonable alternative to maintain the heritage tree in its existing location is available, and if the integrity of the heritage designation can be maintained through relocation of the heritage tree, then the City Council may require that the applicant move the tree to a suitable location on a site shown on the approved plans, or on such public property as may be approved by the City Council.

2.

In the case of an application to prune, the applicant shall prune a heritage tree only under the on-site supervision of a professional arborist.

3.

The applicant shall comply with the care requirements of Section 17.24.4(F).

F.

Care of a Heritage Tree. In order to protect each heritage tree on a site where grading or building is to take place, an applicant shall meet the following requirements when required by the City Council:

1.

Before starting, the applicant shall securely fence off every heritage tree at the protected perimeter. The fence shall remain continuously in place for the duration of work undertaken in connection with the building or grading permit. The fenced area shall not be used as a storage area or altered or disturbed except as may be permitted by the Planning Director.

2.

If the proposed development or work on-site encroaches upon the protected perimeter of a heritage tree, the applicant shall take special measures, as approved by the Director, to allow tree roots to obtain oxygen, water and nutrients as needed.

3.

An authorized excavation, filling or compaction of the existing ground surface within the protected perimeter of a tree shall be minimized and subject to such reasonable conditions as may be imposed by the Director.

4.

No significant change in existing ground level shall be made within the dripline of a heritage tree.

5.

No burning or use of equipment with an open flame shall occur near or within the protected perimeter.

6.

All brush, earth and debris shall be removed in a manner that prevents injury to the tree.

7.

No oil, gas, chemical or other substance that may be harmful to a tree shall be stored or dumped within the protected perimeter of a heritage tree or at any other location on the site from which such substances might enter the protected perimeter of the tree.

8.

Trenching for utilities shall avoid interfering with roots of a heritage tree wherever possible. If complete avoidance of the root zone is impractical, a tunnel shall be made below the roots. A trench shall be consolidated to serve as many units as possible. Trenching and tunneling within the protected perimeter shall be avoided to the extent possible and shall be done only under the on-site supervision of a professional arborist.

9.

No concrete, asphalt or other impervious paving shall be placed within the protected perimeter of a heritage tree. No supplementary irrigation shall occur within the protected perimeter of a native oak.

G.

Expiration of Permit. A permit issued in conjunction with a building or grading permit is valid for the same period as the building or grading permit. Other permits are valid for sixty (60) days from date of issuance unless a longer period is stated in the permit. If the applicant does not begin work before the expiration date, the permit is void. Once work authorized by a permit is begun, it shall be expeditiously pursued to completion.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))