§ 8178-7.4.1. General standards.

a.

A new principal use or structure shall be sited and designed to avoid damage to a protected tree to the maximum extent feasible, as evidenced through an alternatives analysis. If there is no feasible alternative that can avoid damage to a protected tree, then the project alternative that would result in the least damage to such a tree shall be selected, and damage to a protected tree that cannot be avoided through implementation of siting and design alternatives shall be mitigated consistent with the mitigation requirements in Section 8178-7.6.

b.

Once the original land use entitlement has been issued for a principally permitted use or structure, and the use has commenced or the structure has been built, an addition or expansion that would require the removal of a protected native or historical tree shall be prohibited. A heritage tree is excluded from this prohibition.

c.

Development shall be sited and designed to avoid encroachment into the protected zone of a protected tree to the maximum extent feasible except when a qualified tree consultant demonstrates in writing that the encroachment will not damage the protected tree.

d.

The removal of a protected tree, or alterations/protected zone encroachments that damage a protected tree, shall be prohibited for accessory uses or structures except for existing, legal structures (see Section 8178-7.6.1). Notwithstanding the foregoing, a heritage tree may be removed for the purpose of constructing an accessory dwelling unit.

e.

New discretionary development shall be sited and designed to comply with the following:

1.

Irrigation and landscaping shall be prohibited within the protected zone except where the protected tree is tolerant of water, the landscape is comprised of shallow-rooted, herbaceous perennials, bulbs or groundcover, and a qualified tree consultant verifies the protected tree would not be adversely affected by the level of irrigation, compaction of soil, or root disturbance associated with the proposed landscaping.

2.

A minimum buffer of five (5) feet from edge of the tree protected zone shall be provided to allow for future growth of a protected tree unless a qualified tree consultant provides justification in writing that the buffer may be decreased in size because the protected tree is regarded as "tolerant" due to the tree species, age, health or location.

3.

New drainage systems shall be directed away from all root zones of all protected trees, replacement offset trees, and transplanted trees.

f.

When a public works project includes the repair or maintenance of drainage devices and road-side slopes, the project may not result in the alteration or removal of a protected tree except as follows:

1.

The development is the minimum design necessary to protect existing public roads;

2.

The project avoids removal or alteration of protected trees to the maximum extent feasible, and

3.

All impacts to protected trees are mitigated pursuant to Section 8178-7.6.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4520, § 5, 2-27-2018)