§ 9-38.080. Standards for Granting or Disapproving Tree Removal Permits

A.

Mandatory criteria. The determination by the Director to issue a Tree Removal Permit, shall be based upon the following criteria:

1.

The condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services, or, in the case of a mature native oak tree, interference with an addition to an existing single-family detached dwelling;

2.

The necessity to remove a protected tree in order to construct improvements which allow economic enjoyment of the property;

3.

The number of protected trees existing in the neighborhood;

4.

Good forestry practices (e.g., the number of healthy mature trees that a given parcel of land would support);

5.

Whether or not removal of the tree is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way;

6.

The suitability of the tree species for use in an urban area; and

7.

The tree has outgrown the space in which it was planted and is damaging surrounding pavement or structures.

B.

Notification of pending permit.

1.

Notification in writing shall be made to the Council, Commission, and City Manager of the pending issuance of a Tree Removal Permit.

2.

Notification shall include the criteria to be used in granting the permit based on the criteria identified in Subsection A (Mandatory criteria), immediately above.

C.

Action after seven days. Upon expiration of a minimum of seven days after notification, the permit shall be issued or disapproved.

(§ 5, Ord. 1085, eff. January 6, 2006)