§ 816-6.8010. Factors.

In granting or denying the tree permit the following factors shall be considered:

(1)

General.

(A)

The proximity and number of other trees in the vicinity;

(B)

The relationship of the subject property to general plan open space or open space plans and policies.

(2)

For Approval.

(A)

The arborist report indicates that the tree is in poor health and cannot be saved;

(B)

The tree is a public nuisance and is causing damage to public utilities or streets and sidewalks that cannot be mitigated by some other means (such as root barriers etc.);

(C)

The tree is in danger of falling and cannot be saved by some other means (such as pruning);

(D)

The tree is damaging existing private improvements on the lot such as a building foundation, walls, patios, decks, roofs, retaining walls, etc.;

(E)

The tree is a species known to be highly combustible and is determined to be a fire hazard;

(F)

The proposed tree species or the form of the tree does not merit saving (i.e., a tree stunted in growth, poorly formed, etc.);

(G)

Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonably accommodated on another area of the lot;

(H)

The tree is a species known to develop weaknesses that affect the health of the tree or the safety of people and property. These species characteristics include but are not limited to short lived, weak wooded and subject to limb breakage, shallow rooted and subject to toppling.

(I)

Where the arborist or forester report has been required, and the director is satisfied that the issuance of a permit will not negatively affect the sustainability of the resource.

(3)

For Denial.

(A)

The applicant seeks permission for the alteration or removal of a healthy tree that can be avoided by reasonable redesign of the site plan prior to project approval (for nondiscretionary permits);

(B)

It is reasonably likely that alteration or removal of the tree will cause problems with drainage, erosion control, land stability, windscreen, visual screening, and/or privacy and said problems cannot be mitigated as part of the proposed removal of the tree;

(C)

The tree to be removed is a member of a group of trees in which each tree is dependent upon the others for survival;

(D)

The value of the tree to the neighborhood in terms of visual effect, wind screening, privacy and neighboring vegetation is greater than the hardship to the owner;

(E)

If the permit involves trenching or grading and there are other reasonable alternatives including an alternate route, use of retaining walls, use of pier and grade beam foundations and/or relocating site improvements;

(F)

Any other reasonable and relevant factors specified by the director.

(Ords. 94-59, 94-22).