§ 8178-7.6.1. Tree replacement for altered or removed protected trees.

Where unavoidable adverse impacts to protected trees may result from development, including the alteration or removal of a protected tree, the impacts shall be mitigated in accordance with the following standards:

a.

Native tree replacement shall occur as follows:

1.

Native trees shall be replaced at a ratio of no less than ten (10) replacement native trees for every native protected tree removed and for any tree alteration that results in the loss or decline in health or vigor of a native protected tree.

2.

Seedlings shall be grown from acorns collected from the same watershed the protected tree was removed from, or from nursery stock grown from locally-sourced acorns.

3.

Naturally occurring native tree seedlings or saplings that have trunks less than three (3) inches at four and one-half (4.5) feet above existing grade, growing on the same lot as the removed tree may be counted as offset replacement trees. Seedlings/saplings shall be boxed for future planting and/or protected in place as shown on the approved Tree Protection, Planting, and Monitoring Plan.

4.

When available, replacement planting locations shall be selected that provide supportive habitat (i.e., habitat characteristics similar to those found in riparian and valley/foothill woodland habitat) for the replacement trees.

b.

Historic Trees. Mitigation for the removal of a historic tree shall be determined by the Planning Director in consultation with the Cultural Heritage Board.

c.

Heritage Trees. Mitigation for the removal of a heritage tree shall be determined by the following:

1.

If the heritage tree (or grove of trees) is not an invasive tree species and is located in a public area or a prominent location as seen from public viewing areas, then mitigation shall include: (1) the planting of replacement trees of the same species on a 1:1 ratio; (2) the size of the replacement tree shall be comparable to the tree(s) being removed; and (3) the replacement tree(s) shall be planted in location that is close to where the heritage tree(s) was removed.

2.

If a heritage tree is not located in a public area or a prominent location as seen from public viewing areas, then mitigation shall include the planting of replacement native trees on a 1:1 ratio.

d.

Transplanted Protected Trees. In the event that a transplanted tree dies during the required ten-year monitoring period, or the tree health is poor or declining during the monitoring period, replacement trees shall be planted pursuant to Section 8178-7.6.1.a. above.

e.

Encroachment into the Tree Protected Zone. When permitted development results in encroachment within the tree protected zone, potential impacts shall be mitigated in accordance with the following standards:

Encroachment	Mitigation Ratio (Number of replacement trees required for every one tree impacted/removed)
Less than 10% encroachment	Zoning Clearance with Inspection. No mitigation required when conducted pursuant to Section 8178-7.5.2.1.a.
10 to 30% encroachment (or less than 10% pursuant to Sec. 8178-7.5.2.1.a.2.)	Leave tree in place, and Mitigate at 5:1 in accordance with Sec. 8178-7.6 and Sec. 8178-7.6.1; or Pay an in-lieu fee in accordance with Sec. 8178-7.6.d.
Greater than 30% encroachment, or within 3 feet of a tree trunk	Remove tree or keep in place. Mitigation is same as tree removal for the species. See Sec. 8178-7.6 and Sec. 8178-7.6.1

 

f.

Emergency Tree Alteration or Removal. If an emergency permit is issued for the alteration or removal of a protected tree, the follow-up Planned Development Permit shall include corrective measures to restore and stabilize the disturbed areas after the tree has been removed in accordance with a habitat restoration plan. Alternatively, such areas may be restored or stabilized through the application of mulch, pheromone traps or insecticides in accordance with a Tree Protection, Planting, and Monitoring Plan pursuant to Section 8178-7.7.4.d. The requirements for mitigating the loss of the protected tree shall be waived unless the following applies:

1.

Tree replacement shall be at a 1:1 ratio for the emergency removal of a protected tree that is required by an approved landscape plan or habitat restoration plan.

(Ord. No. 4492, § 6, 6-21-2016)