§ 12.16.070. Tree removal in residential, mixed use or commercial zones.

A.

No person(s) shall allow or cause the removal of any regulated tree on property used or zoned multifamily residential, mixed use or commercial without first obtaining a tree removal permit from the director or tree coordinator. Furthermore, no coastal live oak trees (Quercus agrifolia) greater than twelve (12) inches in diameter when measured four feet and six inches from the base located in single-family residential zoned areas and any trees located in the public right-of-way in single-family residential zoned areas may be removed without first obtaining a tree removal permit. The permit is available at no charge.

B.

Tree removal in the above locations without a permit shall constitute a misdemeanor violation of this chapter, and in addition, removed trees shall be replaced through payment by person or persons causing such loss to the city. The amount of such payment shall be the replacement value of the tree as determined by the director, but in no event shall it be less than one hundred fifty dollars ($150.00) per tree; and it shall be in addition to any criminal fine or penalty for municipal code violation.

C.

The intended decision of the director or tree coordinator for issuing or refusing a tree removal permit shall be based upon reasonable standards, including:

1.

The condition of the tree regarding its general health, location to utilities or structures, or status as a public nuisance;

2.

The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property;

3.

The topography of the land and the effect of the tree removal on erosion and water retention;

4.

The number, species, size and location of existing trees in the area and the effect of the tree removal on scenic beauty, historic values, fire safety and the general welfare of the city;

5.

Good forestry practices in general.

D.

Subject to obtaining a tree removal permit, a dead regulated tree, as defined by Section 12.16.020, may be removed, and a replacement tree from the approved city tree list and acceptable to the director of public works or his/her designee will be required to be planted in its place, unless determined by the director of public works to be unnecessary due to special circumstances of the site.

E.

Standards for the Pruning of Trees on Private Property.

1.

The city council may adopt by resolution standards for the pruning of regulated trees on private property, with which all licensed tree companies doing business in the city shall comply. At a minimum all pruning shall comply with the standards established by the International Society of Arboriculture.

2.

Failure to comply with these standards as determined by the city council shall constitute a misdemeanor violation of this chapter and may result in the suspension of the tree company's business license, if applicable, as follows: first offense, suspension of the business license for a period not exceeding ninety (90) days, and for a second offense or any subsequent offenses, by suspension of the business license for a period not exceeding one year.

F.

Topping Prohibited. Intent: to insure healthy, structurally stable, aesthetically pleasing trees and mitigate public liability.

1.

"Topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. It is unlawful to top or stub trees.

2.

Utility line clearing shall be accomplished by the drop crotch method of pruning and shall include side branches.

3.

All pruning of public trees shall be in accordance with current pruning specifications of the city parks division.

G.

Appeals. Appeals regarding decisions on tree removal permits by the director are to be submitted in writing to the planning commission within fourteen (14) days of the director's decision. Actions of the planning commission are final unless appealed to the city council.

H.

Exceptions. A tree removal permit is not required for the following:

1.

Trees in hazardous condition that represent an immediate danger to health or property as determined by the city;

2.

Christmas tree lots;

3.

Fruit trees;

4.

Owners of firewood harvesting lots need not obtain a removal permit, if the species of trees harvested are eucalyptus or pines;

5.

Trees that present an imminent fire safety hazard as determined in writing by the fire chief.

(Ord. No. 656, § 1, 8-27-2013; Ord. No. 697, § 8, 10-23-2018)