§ 106.39.020. Applicability

A.

Applicability to protected trees. The provisions of this Chapter shall apply in all zoning districts to the removal or relocation of any protected tree, and to any encroachment (for example, grading) within the protected zone of a protected tree. A protected tree is any of the following:

1.

A native oak tree with a diameter of six or more inches as measured 54 inches above the ground, or a multi-trunked oak tree having an aggregate diameter of 10 inches or more measured 54 inches above ground;

2.

A heritage, or landmark tree or grove identified by Council resolution;

3.

Significant groves or stands of trees identified by Council resolution;

4.

A mature tree other than those listed in Subsections A.1 through A.3, that is 19 inches or more in diameter as measured at 54 inches above the ground, and located on a commercial parcel, or on a residential parcel that can be further subdivided, or on a parcel in the RD-1, RD-2, or RD-3 zones, provided that the tree is not a willow ( Salix spp. ) , fruit tree, eucalyptus ( Eucalyptus spp.), alder ( Alnus spp.), cottonwood ( Populus spp.), pine ( Pinus spp.), catalpa ( Catalpa spp.), fruitless mulberry ( Morus spp.), or palm ( Acoelorrphe spp.);

5.

A tree required to be planted, relocated, or preserved by a requirement of this Zoning Code, or by a condition of approval of a Tree Permit or other discretionary permit, and/or as environmental mitigation for a discretionary permit; and

6.

A tree within 25 feet of a seasonal stream that is 19 inches or more in diameter as measured at 54 inches above the ground.

B.

Tree Permit required.

1.

Activities requiring a permit. A Tree Permit shall be required prior to:

a.

The relocation, removal, cutting-down, or other act that causes the destruction of a protected tree;

b.

Any grading, paving, or other ground-disturbing activity within the protected zone of a protected tree or anything that would change the soil moisture content in the protected zone; and

c.

Any pruning of a protected tree.

2.

Permit issuance. A Tree Permit shall not be issued for tree removal in a nonresidential zoning district, except in conjunction with:

a.

The approval of a discretionary project for the same site;

b.

The approval of a Building Permit for the same site; or

c.

The approval of improvement plans for a subdivision of the same property.

C.

Exceptions. The removal or relocation of a protected tree is exempt from the provisions of this Chapter under the following circumstances.

1.

Existing tree on residential property. The removal of a tree of the type described in Subsection A.1 and A.4 is exempt if the tree is within a residential zoning district on a parcel that contains a single dwelling, and that is 10,000 square feet or less, or that cannot be further subdivided based on the minimum lot area requirements of the applicable residential zone.

2.

Emergency situation. Cases of emergency where the Director, General Services Director, a member of a law enforcement agency, or the Fire Department determines that a protected tree poses an imminent threat to the public safety, or general welfare.

3.

Traffic visibility obstructions. Removal or relocation of trees necessary to maintain adequate line-of-sight distances as required by the Director, or City Engineer.

4.

Public utility damage. Removal of trees for the protection of existing electrical power or communication lines.

5.

Street widening. The widening of a street right-of-way approved by the City.

6.

Nursery. Removal of trees planted, grown, or held for sale by a nursery, tree farm, or similar commercial operation.

7.

Orchards. Removal of orchards or fruit trees grown, planted, or held for sale for cash crop or commercial purposes.

8.

Dead or dying trees. Removal of trees determined by the Director, or an arborist approved by the Director, to be dead or dying, have become hazardous or unsightly as a result, and provide limited habitat value.