17.065 Tree Mitigation and Replacement.
Tree mitigation may be in the form of in-kind replacement, in-lieu replacement, and/or a combination of both.
A. New Commercial and/or Residential (2 or more parcels) Development Projects. In the event that there are no viable and/or practical alternatives except to remove a protected tree, the City will require replacement trees at the following ratios:
1. All protected trees, determined by the project arborist to be in good (4) or excellent (5) health, and/or with moderate (3) to good (4) structure, shall be replaced on a one-to-one trunk diameter basis. (Example: A 24-inch protected tree in good or excellent condition must be replaced with new trees totaling 24 inches in trunk diameters.)
2. All protected trees, determined by the project arborist to have fair (3) or marginal (2) health, and/or with marginal (2) structure, shall be replaced on a two-to-one trunk diameter basis. (Example: A 24-inch protected tree in fair-to-marginal condition must be replaced with new trees totaling 12 inches in trunk diameter.
3. All protected trees, determined by the project arborist to have poor (1) health or poor (1) structure, are not required to be replaced.
c. Tree Mitigation.
1) A tree designated for preservation in a development project must have a good chance of long-term survival as determined by an assessment of proposed development impacts. Simply preserving a tree does not excuse it from designated mitigation requirements; it must, in the professional opinion of the project and/or City arborist, have a good chance to survive after all the impacts of construction are considered.
2) In-Kind Replacement. If the location of replacement tree planting will remain as a natural area suitable for the healthy and long-term growth of native trees, replacement of protected trees should occur in-kind. If the location of replacement tree planting will be part of an irrigated, ornamental landscape area, replacement of protected trees may occur with a species as identified by the project arborist and approved by the City arborist.
3) Replacement tree ratios shall be applied as follows:
a) 24-inch box replacement tree = 2-inch replacement trunk diameter
b) 36-inch box replacement tree = 3-inch trunk replacement diameter
c) 48-inch box replacement tree = 4-inch trunk replacement diameter
Replacement trees shall be at minimum 24-inch box size.
4) In-Lieu Replacement. In the event that a development site is insufficient in size or use to plant any or all of replacement trees, the City may accept payment of in-lieu fees by the applicant. In-lieu fees will be utilized by the City to purchase and install trees in future public open space, park space, or other areas designated for tree planting. Replacement tree costs for the purposes of satisfying in-lieu fees shall be based on the typical northern California wholesale tree cost plus average installation cost.
In-lieu fees for replacement trees shall be based on a minimum 24-inch box size.
B. Tree Protection/Removal Requirements for additions, pools, and/or other accessory structure. The City requires the land developer to protect and preserve trees during the development and/or subdivision of residential parcels. The resulting lots are then sold to property owners with the understanding that the trees should be protected. Property owners may request any number of modifications to their properties that may in turn result in impacts to the protected trees. Lots with protected trees are subject to the following requirements for additions, pools, and/or other accessory structures that may result in an impact to the protected trees.
1. An arborist report is required for all properties considering additions, pools, and/or accessory structures that may have an impact on a protected tree, including improvements within the tree protection zone.
2. In the event that there is no viable and/or practical alternative to removal of protected trees to accommodate the addition, pool, and/or accessory structure the following shall apply:
a. A request for a Tree Removal Permit for protected trees 15” or greater, determined by the project arborist to be in good (4) or excellent (5) health, and/or with moderate (3) to good (4) structure will require review and action by the Planning Commission at a noticed public hearing. The request will require a Tree Removal Permit, arborist report, statement justifying removal of the tree, and payment of a permit application fee. For protected trees 14” or less which are requested to be removed, the Community Development Director shall review the request and make the determination for removal. If the Community Development Director authorizes removal, mitigation shall be required either by in-kind replacement or in-lie fee payment, as defined in this ordinance. If the Community Development Director denies the request for removal, the decision may be appealed.
b. A request for a Tree Removal Permit for all protected trees, determined by the project arborist to be in fair (3) or marginal (2) health, and/or with marginal (2) structure may be approved and require mitigation. The Community Development Director shall review the request and make the determination for removal. If the community Development Director authorizes removal, mitigation shall be required either by in-kind replacement or in-lie fee payment, as defined in this ordinance. If the Community Development Director denies the request for removal, the decision may be appealed to the Planning Commission as allowed by Section 24.090(B)(3).
c. A request for a Tree Removal Permit for a protected tree, determined by the project and/or City arborist to be in poor (1) health, poor (1) structure, or to be structurally unsafe or hazardous (1), will be approved and will not require mitigation.
d. In-Kind Replacement. In-kind replacement shall be the same as outlined in Section A.1.a. The arborist report shall specify the replacement value. The applicant/owner shall include a replacement landscape plan with the Tree Removal Permit. The building permit for the addition, pool, and/or other accessory use shall be conditioned to require installation of the replacement trees, prior to building permit final.
e. In-Lieu Replacement. In-lieu replacement shall be the same as outline in Section A.1.b. The arborist report shall specify the replacement value. The applicant/owner shall pay to the City the in-lieu fee with the Tree Removal Permit. The building permit for the addition, pool, and/or other accessory use shall be conditioned to require a Tree Removal Permit and payment of the in-lieu fee, prior to initiation of the work. (Ord. 2811 § 4, 2022.)