13.40.080 Discretionary Development Approvals

(a) Any application for discretionary development approval for real property or for any other Construction Activity shall be accompanied by a signed statement by the property owner or authorized agent which discloses, and shows graphically in the site plans, whether any Protected Trees appear to exist on the property or on any property within 30 feet of the proposed Construction Activity and describe on the plans associated with the application the location, estimatedtrunk size, and Dripline area.

(b) With regard to any tree required to be identified under section (a) above, any Construction Activity performed within a radius measured from the trunk equal to ten times the diameter of the tree trunk measured at 54" above grade shall require the preparation and submittal of a Tree Protection Plan for review and approval by the City Arborist prior to the issuance of any permit authorizing Construction Activity. The Tree Protection Plan shall be prepared by a Certified Arborist and include the following:

(1) The tree location and description (including species, size, condition, and Replacement Value if applicable) shown on the land survey or site plans.

(2) Limits of Construction Activity, including but not limited to demolition, grading and drainage, site and utility construction, and landscape plan.

(3) Any project-specific tree protection specifications, based on Best Management Practices, in addition to the specifications required by the Ordinance.

(4) The Project Arborist's Tree Protection Plan shall be reproduced on one or more full-size sheets of the plan set. The plan set shall also contain a full-size scaled site plan showing the proposed work in relation to all Protected Trees, numbered as per the Tree Protection Plan, with accurate Driplines, and the location of tree protection measures specified in the Project Arborist's Tree Protection Plan, including but not limited to fencing, trunk wrap, soil protection, areas of excavation by hand, air or water. The site plan shall reference the sheet number(s) where the Tree Protection Plan can be found.

(5) Prohibit the following activities within the Tree Protection Zone (TPZ):

(A) Excavation, grading, soil deposit, drainage and leveling unless approved by the City Arborist.

(B) Disposal or depositing of oil, gasoline, chemicals, paints, solvents or other materials within the TPZ or in drainage channels, swales or areas that may lead to the Dripline.

(D) Trenching or excavation to provide irrigation, utility lines, services, pipe, drainage or other improvements below grade.

(E) Storage of any materials or equipment of any kind.

(F) Parking or driving vehicles or self-propelled equipment.

(G) Alteration of the Dripline so as to increase the encroachment of the construction.

(6) Include provision for the retention of the services of a Project Arborist for periodic monitoring of the project site and the health of Protected Trees. The Project Arborist shall be present whenever activities occur which will pose a potential threat to the health of the Protected Trees or whenever any work needs to be done within the Dripline of such tree.

(7) Include other provisions as deemed necessary by the City Arborist to preserve the Protected Trees and ensure compliance with those provisions.

(8) Include all requirements for Construction Activity set forth in (d) below.

(9) Contain the signature of the property owner and building permit applicant.

(c) Tree Protection Plan Review. The Tree Protection Plan shall be reviewed by the City Arborist. If the plan is sufficient to prevent harm to Protected Trees from reasonably foreseeable construction activities, it shall be approved and related building permits otherwise complete shall issue.

(d) Construction Activities must adhere to the following requirements :

(1) Utility service and irrigation lines must be located outside of the Dripline or approved TPZ when feasible and, if not feasible, provisions must be made in the Tree Protection Plan by the Project Arborist to protect the soil within the Dripline from compaction and to protect the trunk and branches from injury.

(2) Prior to the commencement of any Construction Activity, all tree protection measures shall be properly installed, including but not limited to, tree protection fencing, trunk wrap, and root buffer. A six-foot tall chain link fence shall be required. If the fencing cannot be placed at the Dripline or if necessary Construction Activity must take place within the Dripline, provisions must be made in the Tree Protection Plan by the Project Arborist to protect the soil within the Dripline from compaction and to protect the trunk and branches from injury. The Dripline shall not be altered in any way so as to increase the encroachment of the construction.

(3) The City Building Official and Managing Arborist must be notified whenever any Damage or injury occurs to a Protected Tree during construction so that proper treatment may be administered.