§ 8178-7.4.2. Tree removal and alteration.

a.

The alteration or removal of a tree that is ESHA pursuant to Section 8178-7.3.1 shall only be permitted when the tree poses an imminent hazard to life or property and there is no feasible alternative to ensure public health and safety. See Section 8178-7.5.4 Emergency Tree Alteration or Removal.

b.

The alteration of a protected tree shall only be permitted for pruning to maintain the health and structure of the tree or for the same reasons set forth in subsection (c) below for removal of a protected tree.

c.

Except as authorized pursuant to Section 8178-7.5.4 Emergency Tree Alteration or Removal, removal of a protected tree shall not be deemed necessary when a feasible alternative development plan exists that does not require the removal of the protected tree. In addition, the removal of a protected tree shall only be permitted for one or more of the following reasons:

1.

Is required to provide necessary access to development approved in a planned development permit;

2.

Is required to allow the development of a principal permitted use or structure at a particular location, and is the minimum area necessary to provide a reasonable economic use of the property, as evidenced through an alternatives analysis;

3.

Is required to allow the construction of an accessory dwelling unit, provided that the tree is classified only as a heritage tree.

4.

Is required to establish the required fuel modification zone for new development where no feasible alternative location for the development exists; or

5.

The tree is dead, diseased or poses a danger to healthy trees in the immediate vicinity, or is in a condition that poses a hazard to persons or property that cannot be remedied through other means or alterations. In these circumstances, a qualified tree consultant shall verify the status and health of the tree and provide recommendations and evaluation of alternatives for restoring the health of the tree where feasible.

d.

Timing. To safeguard protected trees that may provide habitat for breeding and nesting birds protected by the Fish and Game Code and the Migratory Bird Treaty Act, all tree removal and tree alteration is prohibited during the bird breeding and nesting season (January 1 to September 15) unless the Planning Director, in consultation with a qualified tree consultant, determines that the tree poses an imminent hazard to life or property. This prohibition may also be waived when a bird survey is conducted, pursuant to Section 8178-7.7.4.1.1, and evidence of active breeding or nesting birds is not discovered within the project site. Any discretionary action approved, pursuant to this section, for tree alteration or removal during the bird breeding and nesting season shall be conditioned to require a bird survey no more than three (3) days prior to commencement of the approved work to confirm that no bird breeding or nesting activity is present.

e.

If the Planning Director determines, based upon substantial evidence, that the removal or alteration of a protected tree may result in unintentional damage to existing development including but not limited to utilities, buildings, other protected trees, or ESHA, a qualified tree service company or qualified tree trimmer shall be retained to alter or remove the protected tree.

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