§ 106.39.060. Tree Planting and Replacement

The City's principal objective for the Tree Permit process is the preservation of protected trees. The review authority may condition any Tree Permit involving removal of a protected tree upon the replacement of trees in kind. The replacement requirement shall be calculated based upon an inch for an inch replacement of the DBH of the removed trees where a 15-gallon tree (i.e., nursery stock in a #15 container) will replace one inch DBH of the removed tree; a 24-inch box tree will replace two inches, and a 36-inch box tree will replace three inches. The replacement trees shall have a combined diameter equivalent not less than the total diameter of the trees removed. A minimum of 50 percent of the replacement requirement shall be met by native oaks. Up to 50 percent may be met by non-native species. The review authority may approve a replacement program using one of the following four methods or any combination of the four methods. The preferred alternative is on-site replacement.

A.

Replacement trees. Replacement trees may be planted on-site or in other areas where maintenance and irrigation are provided to ensure survival of the trees.

B.

Relocation of trees. In certain cases, the City may consider the relocation of native oak trees from one area in a project to another. Credit shall be given for relocation on the same basis as replacement. The guidelines and limitations for relocation are as follows:

1.

The trees being recommended for relocation must be approved by the review authority whose decision will be based upon factors relating to health, type, size, time of year and proposed location.

2.

The relocation of a tree shall be conditioned to require a secured five-year replacement agreement for the tree with security provided by the developer in a form satisfactory to the City Attorney. If at the end of five years the tree is deemed by an arborist to be in a substantially similar condition to that prior to the transplanting, the agreement will be terminated. If the tree dies during the five-year period, it shall be replaced as required by this Section.

C.

Revegetation requirements. The review authority may, instead of requiring replacement trees, require implementation of a revegetation plan. The applicant shall enter into a written agreement with the City obligating the applicant to comply with the requirements of the revegetation plan. A performance security or bond for 150 percent of the cost of the revegetation plan shall be required to insure that the agreement is fulfilled. The review authority shall approve the proposed plan. The revegetation program shall propagate native oak trees from seed using currently accepted methods. A revegetation program shall identify the seed source of the trees to be propagated, the location of the plots, the methods to be used to ensure success of the revegetation program, an annual reporting requirement, and the criteria to be used to measure the success of the plan. A revegetation program shall not be considered complete until the trees to be propagated have reached one-half inch in diameter or the revegetation plan demonstrates the need for alternative success criteria and achieves mitigation on an inch for inch basis as approved by the Commission.

D.

In-lieu mitigation fee. The review authority may determine that the remedies described above are not feasible or desirable and may require instead payment of a cash contribution based upon the cost of purchasing, planting, irrigating and maintaining the required number of 15 gallon trees. The cost of purchasing, planting, irrigating and maintaining a 15 gallon oak tree shall be set by Council resolution. The cash contribution shall be deposited into the Tree Mitigation Fund.

Tree Mitigation Funds can be used as determined by the Director:

1.

Tree Mitigation Fund. This fund shall be used to propagate, purchase, plant, protect and maintain trees, including purchasing property to plant or protect trees, propagating trees from seed or container stock and maintaining existing and replacement trees.

2.

To fund special projects that enhance urban forestry programming, build on existing information, and/or to develop outreach or educational materials in support of the community urban forest and tree canopy.

(Ord. No. 2015-010, § 1, 12-10-2015)