CHAPTER 8. PRESERVATION OF TREES ON PRIVATE PROPERTY Revised 9/24

3-8.01 Purpose and Intent.

The City of Walnut Creek lies in a valley which originally contained grass-covered hills and plains dotted with large majestic trees and creeks lined with oaks, madrone, buckeye and black walnut trees. During the development of the City, most of the original trees were cut down until only a few remained. It is now recognized that the preservation of many of the original trees enhances the natural scenic beauty, sustains the long-term potential increase in property values which encourages quality development, maintains the original ecology, retains the original tempering effect of extreme temperatures, creates the identity and quality of the City which is necessary for successful business to continue, improves the attractiveness of the City to visitors and increases the oxygen output of the area which is needed to combat air pollution. For these reasons, the Council finds that in order to promote the public health, safety and general welfare of the City of Walnut Creek, while at the same time recognizing individual rights to develop private property in a manner which will not be prejudicial to the public interest, it is necessary to enact regulations controlling the removal of and the preservation of trees within the City. This chapter does not apply to trees in City parks and open space, the unauthorized removal or damage to which is strictly prohibited pursuant to Title 11 of this Code. Furthermore, this chapter does not apply to the construction of accessory dwelling units pursuant to Section 10-2.3.502, State-Exempt Accessory Dwelling Units, the construction of junior accessory dwelling units pursuant to Section 10-2.3.504, Property Development Standards for Junior Accessory Dwelling Units, urban lot splits pursuant to Title 10, Chapter 1, Article 14, Qualified Senate Bill 9 Subdivisions, or the construction of SB 9 dwelling units pursuant to Title 10, Chapter 2, Part III, Article 15, Qualified Senate Bill 9 Properties. (§1, Ord. 943, eff. 1/1/69; §1, Ord. 1083, eff. 10/7/71; §1 (part), Ord. 1303, eff. 3/31/77; §1, Ord. 1688, eff. 7/22/88; §1, Ord. 1852, eff. 2/9/95; §2, Ord. 1966, eff. 8/31/00; §1, Ord. 2093, eff. 11/5/10; §4, Ord. 2210, eff. 10/22/21; §4, Ord. 2234, eff. 11/17/23)

3-8.02 Definitions. Revised 9/24

As used in this chapter, the following terms, phrases and words are assigned the following meanings unless the context indicates otherwise. Words not defined shall be given their common ordinary meaning.

a. Board Certified Master Arborist (BCMA), Certified Arborist (CA), and Certified Tree Worker (CTW) shall have the meanings as defined by the International Society of Arboriculture, or such other arborist who, after review by the Director, is determined to meet the standards established as described above.

b. Construction Limits shall mean that portion of property on which any construction activity including demolition, grading, building construction, stockpiling, storage, access, landscaping, installation of utility services, sub-drains, water, sewer, or underground services is to occur.

c. Development shall mean any improvement of real property which requires the approval of a subdivision, design review approval, a conditional use permit, a minor use permit, a planned development permit, a hillside planned development permit, a variance, a grading permit, a site development permit, a demolition permit or a building permit.

d. Director shall mean the Public Services Director or his or her designee.

e. Discretionary Development Approval shall mean the approval of a subdivision, discretionary design review approval, a conditional use permit, a minor use permit, a planned development permit, a hillside planned development permit, a variance or any other approval by the City Council, Planning Commission, Zoning Administrator or Community Development Director.

f. Dripline shall mean the largest outside perimeter of the canopy of a tree. For excurrent species, leaning trees, trees with suppressed canopies, irregular rooting areas (due to infrastructure or geological factors), trees with asymmetrical canopies or canopies altered through pruning, the trunk diameter method shall be used.

g. Grove shall mean three (3) or more trees of any size which are part of an integral cover with stems having an aggregate circumference of forty (40) inches or more measured four and one-half (4 1/2) feet above the natural grade.

h. Highly Protected Tree shall mean any tree (as defined in subsection (j) of this section) which is any of the following type of tree: Valley oak (Quercus lobata), blue oak (Q. douglasii), coast live oak (Q. agrifolia), California black oak (Q. kelloggii), canyon live oak (Q. chrysoleis)(chrysolepis), interior live oak (Q wilizeni var. wilizeni)(wislizenii var. wislizenii), madrone (Arbutus menziesii), California buckeye (Aesculus californica), California black walnut (Juglans hindsii), grey pine (Pinus sabiniana).

i. Registered Consulting Arborist shall mean a registered consulting arborist as that term is defined by the American Society of Consulting Arborists.

j. Tree means any live woody plant having a single perennial stem of twenty-eight (28) inches or more in circumference or multistemmed perennial plant having an aggregate circumference of forty (40) inches or more measured four and one-half (4 1/2) feet above the natural grade. A multistemmed plant having one (1) stem of twenty-eight (28) inches or more in circumference shall also be considered to meet this definition. Tree shall also include a tree of any size which is part of a grove.

k. A Tree Appraisal, when required, shall be done in accordance with the then-current edition of the "Guide for Plant Appraisal, -," by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture and the current edition of the Western Chapter of the International Society of Arboriculture's Species Classification and Group Assignment. The appraisal shall be performed by either a registered consulting arborist, board certified master arborist or certified arborist, as determined by the Director. The appraisal shall be done at the applicant's sole expense, and the appraiser shall be subject to the City's approval, which approval it shall not unreasonably withhold.

l. Trunk Diameter Method shall have the meaning as defined by the current edition of the International Society of Arboriculture's Best Management Practices (BMP), Managing Trees During Construction. (§1, Ord. 943, eff. 1/1/69; §1, Ord. 1083, eff. 10/7/71; §1 (part), Ord. 1303, eff. 3/31/77; §1, Ord. 1688, eff. 7/22/88; §1, Ord. 1852, eff. 2/9/95; §2, Ord. 1966, eff. 8/31/00; §1, Ord. 2093, eff. 11/5/10; §3, Ord. 2239, eff. 7/5/24)

3-8.03 Tree Removal Permit Required.

a. No person shall cut down, destroy or remove any tree(s) growing within the City limits from any property without a tree removal permit, except as provided herein.

b. Notwithstanding any other provision of this chapter, whenever the Director determines that a tree(s) is in a hazardous or dangerous condition requiring immediate action for the safety of structures or human life, such tree(s) may be removed by written permission of the Director.

c. It shall be the responsibility of the person actually cutting down, destroying or removing any trees under this chapter to have on his or her person the permit or a copy of the permit.

d. Section 10-2.4.1110 establishes additional regulations relating to trees in Open Space/Agricultural General Plan Land Use Districts. To the extent of any conflict between Section 10-2.4.1110 and this chapter, Section 10-2.4.1110 shall prevail. (§1, Ord. 943, eff. 1/1/69; §1, Ord. 1083, eff. 10/7/71; §1 (part), Ord. 1303, eff. 3/31/77; §1, Ord. 1688, eff. 7/22/88; §1, Ord. 1852, eff. 2/9/95; §2, Ord. 1966, eff. 8/31/00; §1, Ord. 2093, eff. 11/5/10)

3-8.04 Tree Removal Permit Procedure. Revised 9/24

a. Time of Application. Any person desiring to cut down, destroy or remove one (1) or more trees on any property in the City of Walnut Creek shall file an application for a tree removal permit with the Director. If the tree removal does not involve development, the application shall be filed not less than ten (10) days prior to the time desired for the physical removal of the tree. If the tree removal involves development, the applicant shall (1) review the proposed development with the Director to determine which trees should be preserved before design drawings are begun and (2) file the application concurrently with the first application for approval of the development.

b. Content of Application. The application shall contain the precise number, species, size and location of the tree or trees to be cut down, destroyed or removed and a brief statement of the reason for removal, the signature of the property owner authorizing such removal, the signature of the person actually performing the work if different than the property owner and if known at the time of the application, as well as any other pertinent information the Director may require. If the applicant is a homeowners' association or other association of property owners or an agent thereof, the applicant shall deliver a written notice by mail or personal delivery to all association members who own property within three hundred (300) feet of any tree to be removed. The notice shall identify the trees which are proposed to be removed. Such an applicant shall certify in its application that it has provided the requisite notice. If the tree removal involves development, the applicant shall provide an arborist report including a tree survey plan specifying the precise location and dripline of all existing trees on or in the vicinity of the property. The plan shall also indicate the precise location of existing and proposed buildings and grades to these trees along with underground utility services, sub-drains, water, sewer, irrigation and lighting, which shall be accurate and final. The arborist report shall also include a table which identifies each tree by number along with its size, species, and whether or not it is proposed for saving or removal. Grades shall comply with the requirements of Title 9 of the Municipal Code. If the property is within an area governed by a homeowners' association, the applicant shall certify that the homeowners' association has been notified of the application.

c. Preliminary Review. The Director shall review the application. If the tree removal involves development and three (3) or more trees are proposed to be removed, or when otherwise required by the Director, the applicant shall also submit an arborist report and tree appraisal which shall include an evaluation of the trees to be removed and recommendations concerning the removal and preservation of trees on the property. The Director shall determine whether this report shall be prepared by a registered consulting arborist, board certified master arborist, or certified arborist. The Director shall determine whether the person preparing the report meets the qualifications necessary for the type of development proposed. The application shall not be deemed complete until this report is submitted to the Director. The Director may waive the requirement for an arborist's report if the Director determines that circumstances do not warrant such a report.

d. Approval by Director. Prior to the issuance of such permit, the Director shall visit and inspect the property, the tree or trees in question and the surrounding area and shall ascertain whether or not the tree or trees may be cut down, destroyed or removed. The Director shall grant the permit if he or she makes any of the following findings:

1. The condition of the tree(s) with respect to disease, species, form, general health, damage, public nuisance, danger of falling, proximity to existing structures, interference with utility services, or damage to existing sidewalks and driveways warrants its (their) removal and such condition cannot reasonably be remedied through less drastic means;

2. The tree acts as a host for a parasitic plant or has a pest or disease which may endanger other trees in the area and cannot reasonably be controlled through less drastic means;

3. Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support, will benefit from the removal of the tree(s); or

4. The tree has been confirmed by the Director to be a Tasmanian blue gum (Eucalyptus globulus) or a Monterrey pine and there are no unusual circumstances that warrant saving the tree, such as historical value, high visibility, high quality specimen or a unique contribution to the character of the site or neighborhood.

e. Conditions. In granting a permit, the Director may attach reasonable conditions to ensure compliance with the intent and purpose of this chapter. When a permit is denied, the Director shall state in writing the reasons for said denial based on the above standards.

f. Consideration by Decision-Making Body. The tree removal permit application for trees other than those approved for removal by the Director shall be considered by the following body:

1. If the tree removal involves development requiring discretionary development approval, the application shall be considered by: (i) the City Council if the development involves a planned development permit, or a hillside planned development permit, or any other approval that is required to be granted by the City Council; (ii) the Planning Commission if the development involves a major subdivision, a conditional use permit, or design review approval for a major project pursuant to Part IV, Article 12, Design Review, and if the development does not require City Council approval; or (iii) the Zoning Administrator if the development involves design review approval for a minor project pursuant to Part IV, Article 12, Design Review, and if the development does not require City Council or Planning Commission approval. Other reviewing bodies in advisory roles on the application shall provide comments and recommendations to the final decision-making body on the tree removal application.

2. If the tree removal does not involve development requiring discretionary development approval, the application shall be considered by the Zoning Administrator.

g. Notice and Hearing. A public hearing shall be required on that portion of a tree removal application requesting removal of any trees not approved for removal by the Director. Notice of the hearing shall be given in the manner specified in Chapter 10-2, Part IV, Article 3. This notice may be consolidated with any notice of public hearing required in conjunction with other aspects of the development approval.

h. Approval. In approving any permit, the reviewing body, through its site and landscaping plan review, shall endeavor to preserve all trees not approved for removal by the Director. The reviewing body may approve a tree removal permit for the removal of a highly protected tree only if it finds that the burden to the applicant in preserving the tree greatly outweighs the benefit to the public and that preserving the tree would severely reduce the scale or feasibility of the development. The reviewing body may approve a tree removal permit for the removal of any tree other than a highly protected tree only if it finds that the burden to the applicant in preserving the tree outweighs the benefit to the public. In making the foregoing determinations, the reviewing body shall consider such factors as the following:

1. The species, size, age, condition and value of the tree.

2. Whether the tree is part of an important grove of trees.

3. Whether the tree has particular historical or heritage value.

4. The visibility and value of the tree to the neighborhood and the public.

5. The contribution of the tree to the character of the site and the neighborhood.

6. Whether the development provides a public benefit.

7. The extent of hardship to the applicant in constructing the development using a different design, size or on-site location.

8. Whether measures short of removing the tree can be employed consistent with the development.

In approving the permit, the reviewing body may impose conditions for the purpose of protecting any trees which are to remain or to otherwise ensure compliance with the intent and purpose of this chapter.

If the reviewing body approves the removal of any highly protected tree which was not approved for removal by the director, the reviewing body shall require as a condition of approval that the applicant either (1) plant trees as part of the development over and above the landscaping that would otherwise be required at a value equal to the value of the highly protected tree that will be removed; or (2) pay an in-lieu fee to the City in an amount equal to the value of the highly protected tree that will be removed. As used in subsection (1) of this section, the Director shall determine the amount of landscaping that would otherwise be required. As part of the condition, the applicant shall be required to secure a tree appraisal of all highly protected trees to be removed which were not approved for removal by the Director. Any in-lieu fees collected by the City pursuant to this section shall be used only for the installation or replacement of trees in City parks or open space or other areas of benefit to the City.

A copy of the decision and findings shall be mailed by the secretary of the decision-making body acting on the application to the applicant, to the Director, and to such other persons as shall so request in writing. A copy shall also be kept on file in the Community Development Department.

i. Removal Authorized. Approval/conditional approval of the tree removal plan indicating which, if any, trees can be removed shall constitute the tree removal permit for the purpose of this chapter. The permit, if granted, shall entitle the applicant to remove only the tree or trees approved for removal by the permit. (§1, Ord. 943, eff. 1/1/69; §1, Ord. 1083, eff. 10/7/71; §1 (part), Ord. 1303, eff. 3/31/77; §1, Ord. 1688, eff. 7/22/88; §1, Ord. 1852, eff. 2/9/95; §2, Ord. 1966, eff. 8/31/00; §1, Ord. 2093, eff. 11/5/10; §3, Ord. 2239, eff. 7/5/24)

3-8.05 Preservation and Maintenance of Existing Trees.

The following regulations apply to all trees which are not to be removed, regardless of whether new development will occur or other trees have been approved for removal:

a. Demolition and Grading. Prior to and during any demolition, grading or construction, all trees within the construction limits for any project shall be protected by a six (6) foot high chain link (or other material approved by the Director) fence installed around the dripline of each tree. All fence sections shall be clearly marked with a sign stating "This is a Tree Protection Zone (TPZ) and no one is allowed to disturb this area." The sign shall also list contact information for the contractor and the arborist and clearly state that a violation of the TPZ will result in a stop work order. No oils, gas, chemicals, liquid waste, solid waste, heavy construction machinery or other construction materials shall be stored or allowed to stand within the dripline of any tree. No equipment may be washed within the dripline of any tree.

b. Excavation and Construction within Dripline. Excavation and construction around trees shall be subject to the following regulations in addition to, when applicable, Chapter 10-2, Part III, Article 4 (Hillside Performance Standards) and Chapter 10-2, Part IV, Article 11 (Hillside Planned Development Permit):

1. Activities Requiring Director Approval. The existing ground within the dripline of any tree shall not be cut, filled or compacted unless otherwise approved by the Director. Excavation adjacent to any tree when permitted shall be in such a manner so as to minimize root damage. Inspection shall be required prior to backfilling. Utility services, drainage lines – sewer, sub-drains, irrigation lines, and any services requiring excavation shall be designed to stay outside the dripline of existing trees when at all feasible. If excavation for such lines is permitted within the dripline, it should be radial to the tree as much as possible. Tunneling, boring, hydraulic or high-pressure air trenching, rather than trenching, shall be the favored means of installation. Being the closest distance between two (2) points does not justify encroaching within the dripline of a tree.

2. Activities Requiring Dripline Encroachment Permit. The following shall be prohibited unless permitted by a dripline encroachment permit, which shall be approved or denied in the same manner as a tree removal permit: (i) mechanical excavation within the dripline of any tree; (ii) the construction or installation of any structure, foundation, paving or other similar improvement within the dripline of any tree; or (iii) any intentional or incidental soil compaction, or application of fill soil four (4) inches or greater in depth within the dripline of any tree.

c. Attachments. No signs or wires, except those needed for support of the tree, shall be attached to any tree.

d. Herbicides. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use.

e. Damage. The Director shall be notified by the owner, developer, contractor or any agent thereof of any damage that occurs to a tree during construction so that professional methods of treatment accepted by the Director may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the Director. Failure to comply will result in a stop work order.

f. Project Arborist. The Director shall require a registered consulting arborist, board certified master arborist, or certified arborist retained by the developer to be on site at such times during development as the Director determines appropriate. The approved arborist shall provide the Director his or her qualifications along with a written certification that he or she has reviewed this chapter and will abide by it. Following completion of the development, the registered consulting arborist, board certified master arborist, or certified arborist shall certify that the development was performed properly in conformance with this chapter and good forestry practices. (§1, Ord. 943, eff. 1/1/69; §1, Ord. 1083, eff. 10/7/71; §1 (part), Ord. 1303, eff. 3/31/77; §1, Ord. 1688, eff. 7/22/88; §1, Ord. 1852, eff. 2/9/95; §2, Ord. 1966, eff. 8/31/00; §1, Ord. 2093, eff. 11/5/10)

3-8.06 Pruning.

The pruning of any tree shall be performed when and only when it enhances its structural strength, health, general appearance or for safety reasons. Any pruning must be consistent with good pruning practice as outlined by the current edition of the International Society of Arboriculture's Tree-Pruning Guidelines and the current edition of the A-300 Standard of the American National Standards Institute and not harm the tree, structurally or aesthetically. All pruning of all highly protected trees shall be performed by a board certified master arborist, certified arborist or a certified tree worker. All trees to be retained as part of a new development project shall be cleared of dead wood of a diameter greater than one (1) inch and parasites.

a. Utility Clearance. All utility companies must contact the Public Service Department at least three (3) working days (except in emergencies) prior to taking any action to prune any tree or trees related to line clearance. All pruning shall be consistent with good pruning practices as outlined by the current edition of the International Society of Arboriculture's Utility Pruning of Trees and the current edition of the A-300 Standard of the American National Standards Institute. The Director shall cause such pruning work to be inspected, when the Director considers it to be appropriate, to ensure that good pruning practices previously referenced are followed. The Director shall have the authority to stop any tree pruning performed by a utility if such practices are not being followed. (§1, Ord. 943, eff. 1/1/69; §1, Ord. 1083, eff. 10/7/71; §1 (part), Ord. 1303, eff. 3/31/77; §1, Ord. 1688, eff. 7/22/88; §1, Ord. 1852, eff. 2/9/95; §2, Ord. 1966, eff. 8/31/00; §1, Ord. 2093, eff. 11/5/10)

3-8.07 Preservation and Maintenance of Existing Trees during Development.

a. Application. The provisions of this Section 3-8.07 apply to any development whereby a tree will remain within the development area, whether or not a tree removal permit has been issued to remove other trees.

b. Appraisal. Prior to receipt of any demolition, grading, site development, or building permit, the applicant shall obtain a tree appraisal for all trees within the construction limits of the development.

c. Final Arborist Report. The applicant shall submit a final arborist report of all trees on site prior to final inspection of the development or certificate of occupancy. The final report shall document the tree preservation methods implemented during construction and evaluate the post-construction health of all trees on site. If the health of any tree deteriorates to such a degree that it results in continued decline and/or death.

d. Guarantee Period. Upon issuance of the first City permit which authorizes work on the site, the applicant shall guarantee the health of all trees to be preserved on or in the vicinity of the site. The health of all trees required to remain on or in the vicinity of the site shall be guaranteed from the date the guarantee is first filed with the Director until three (3) years after the final inspection of the development or issuance of the certificate of occupancy, if any, whichever is later. The health of any tree which is identified for temporary stockpiling shall be guaranteed for a period beginning with the date the guarantee is first filed with the Director until two (2) years after the date the tree is replanted. The guarantee shall include the applicant's agreement to:

1. Remove and replace any tree which was to be saved but either dies, or the health and/or condition of the tree(s) deteriorates to such a degree that in the opinion of the Director will continue to decline, during the guarantee period with a tree of the same species as close in size as is reasonably possible within such time and in such manner as is determined by the Director.

2. Relocate and maintain, during construction, those trees which have been identified for temporary stockpiling. These trees shall be maintained by a licensed nurseryman. (§1, Ord. 943, eff. 1/1/69; §1, Ord. 1083, eff. 10/7/71; §1 (part), Ord. 1303, eff. 3/31/77; §1, Ord. 1688, eff. 7/22/88; §1, Ord. 1852, eff. 2/9/95; §2, Ord. 1966, eff. 8/31/00; §1, Ord. 2093, eff. 11/5/10)

3-8.08 Penalties. Revised 9/24

a. Civil Penalties. For each tree that dies or the health and/or condition has deteriorated to such a degree that it results in continued decline and/or death through the fault of the applicant, the Director shall levy a civil penalty not to exceed the following amounts: (1) for any highly protected tree, two hundred dollars ($200.00) for each inch of circumference of the tree's stem, measured four and one-half (4 1/2) feet above the natural grade; (2) for any other tree, one hundred dollars ($100.00) for each inch of circumference of the tree's stem, measured four and one-half (4 1/2) feet above the natural grade. A tree shall be presumed to have died through the fault of the applicant unless the applicant can prove that the tree died for reasons beyond the applicant's control or, in the case of stockpiled trees, the applicant used reasonable care to maintain the tree. In addition to such penalty, whenever the cost of replacing a tree for which a civil penalty is levied is less than the appraised value of the tree established under Section 3-8.07(b), the applicant shall also pay to the City the difference between that appraised value and the cost of the replacement tree. The applicant's verified receipt for the cost of the replacement tree shall be conclusive proof of that cost. If the applicant chooses not to submit such a receipt within ten (10) days following replacement of tree, then the Director shall determine the value of the replacement tree.

For trees that are not expected to die, but are severely damaged by any person, including but not limited to the property owner, the person performing the work and/or any other responsible person who violates any provision of this chapter or any condition imposed upon any permit issued hereunder shall be liable to the City for a civil penalty of three (3) times the damage caused to the tree, or one thousand dollars ($1,000.00), whichever is greater. For purposes of calculating the damage to the tree, the then-current edition of the "Guide for Establishing Values of Trees and Other Plants" by the Council of Tree and Landscape Appraisers shall be presumed to provide the appropriate basis for determining damages.

The Director shall be responsible for making any necessary factual determination under this section and shall put such determination in writing and mail it to the applicant.

Whenever the applicant disagrees with the determination of the Director under this section, the applicant may file a written request with the Director for reconsideration of his decision. Such request must be filed within ten (10) days after the City has mailed to the applicant a written notice of the Director's initial determination. Upon receipt of the request for reconsideration, the Director shall schedule a hearing to address the applicant's responsibility for the death of the tree and/or the value of the replacement tree, whichever ground(s) the applicant has cited in his request for reconsideration. The Director shall consider the evidence submitted at the hearing and shall issue his final decision in writing and mail it to the applicant. The applicant may appeal this decision to the Planning Commission if such appeal is filed in writing within ten (10) days after the Director's decision was mailed. The decision of the Planning Commission may be appealed by the applicant to the City Council if such appeal is filed in writing within ten (10) days after the date of the decision by the Planning Commission. The decision of the City Council shall be final. Once the decision is final, any penalties and assessments may be collected by the Director.

b. Criminal Penalties. Any person, including but not limited to the property owner, the person performing the work and/or any other responsible person, who violates any provision of this chapter or any condition imposed upon any permit issued hereunder shall be guilty of a misdemeanor or an infraction.

1. If charged as an infraction the penalty upon conviction of such person shall be a fine as set forth in Section 1-2.01.

2. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both such fine and imprisonment.

c. Cumulative Remedies. The foregoing remedies shall be deemed nonexclusive, cumulative and in addition to any other remedy the City may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter. The City reserves to itself in its discretion the ability to permit an applicant to replace any tree illegally removed with a new tree of equal or greater size or value in lieu of or in addition to any penalties.

d. Use of Penalties. The penalties collected pursuant to this section shall be used, in the following order of preference and at the direction of the Director: to provide additional trees on the applicant's property; to upgrade or add new street trees on peripheral streets; or to provide additional trees on City property. (§1, Ord. 943, eff. 1/1/69; §1, Ord. 1083, eff. 10/7/71; §1 (part), Ord. 1303, eff. 3/31/77; §1, Ord. 1688, eff. 7/22/88; §1, Ord. 1852, eff. 2/9/95; §2, Ord. 1966, eff. 8/31/00; §1, Ord. 2093, eff. 11/5/10; §3, Ord. 2239, eff. 7/5/24. Formerly 3-8-09)

3-8.09 Appeals of Tree Removal Decisions. Revised 9/24

The following regulations shall govern appeals of decisions governed by this chapter:

a. Appeals. Appeals of tree removal decisions involving discretionary development approval shall be allowed only upon final approval or denial of the underlying development project application, and shall be considered appeals of the entire project decision. The Planning Commission shall serve as the appeal board for tree removal decisions made by the Director or the Zoning Administrator which do not involve discretionary development approval.

b. Notice of Appeal. Within ten (10) days after the mailing of a decision of the Director, any interested person may appeal the decision by filing a notice of appeal with the Director, who shall immediately transmit a copy to the applicant in the event the applicant is not the appellant, and a copy to the Secretary of the decision-making body hearing the appeal. The notice of appeal shall specify the person(s) making the appeal, the decision appealed from and shall state in concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the Director.

c. Notice on Appeals. After the filing of the notice of appeal, the Secretary of the decision-making body to hear the appeal shall forthwith schedule a hearing on the matter. Not less than five (5) days prior to the date set forth for the hearing, notice of the time, date, and place of such hearing shall be mailed to the appellant, to the applicant, and to any other person who has requested such notice in writing.

d. Decision on Appeals. In considering the appeal, the appellate body shall apply the standards set forth in Section 3-8.04. Any decision made on the appeal by either the Zoning Administrator or the Planning Commission may be further appealed to the City Council pursuant to the procedures set forth in Title 10, Chapter 2, Part IV, Article 5, Appeals.

e. Review by Council. Any member of the Council shall have the authority to request the Council to review any decision of either the Zoning Administrator or Planning Commission by either making such request orally at the first Council meeting following the Commission meeting at which such decision was made or by filing a written request with the City Clerk prior to the expiration of the time during which an appeal can be made. When such review is requested by any member of the Council, the decision shall be considered as appealed and all noticing procedures set forth in subsections (b) and (c) of this section shall apply.

f. Appeal by City Manager. Within ten (10) days after mailing a decision of the Zoning Administrator or Planning Commission, the City Manager may appeal to the City Council a decision which adversely affects the City by filing a notice of appeal with the City Clerk who shall immediately transmit a copy to the Community Development and Public Services Directors. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all noticing procedures set forth in subsections (b) and (c) of this section shall apply. (§1, Ord. 943, eff. 1/1/69; §1, Ord. 1083, eff. 10/7/71; §1 (part), Ord. 1303, eff. 3/31/77; §1, Ord. 1688, eff. 7/22/88; §1, Ord. 1852, eff. 2/9/95; §2, Ord. 1966, eff. 8/31/00; §1, Ord. 2093, eff. 11/5/10; §3, Ord. 2239, eff. 7/5/24. Formerly 3-8.08)