Chapter 12.36 TREE PRESERVATION AND PROTECTION
Section 12.36.120 Decision criteria--Nondiscretionary project.
A. In those instances where there
is a nondiscretionary project involved prior to the issuance
of a tree removal permit, the director of public works shall ascertain whether or not the tree(s)
cannot or should not be retained. Within fourteen days of receipt of the application, the director
shall inspect the premises and the tree or trees, and shall issue a proposed decision determining
which, if any, trees may be destroyed, moved or removed and setting forth the conditions to be
imposed. However, failure to act within fourteen days shall not constitute approval.
B. The determination of the director
of public works in granting or denying a permit shall be
considered upon the following criteria:
1. The condition of the tree with
respect to disease, general health, damage, danger of
falling, threat to nearby structures and whether or not the tree acts as a host of an organism which
is parasitic to another species of tree which is in danger of being exterminated by the parasite. A
certification from a certified arborist stating the tree(s) is (are) diseased or in danger of falling
if
such reason is given for removal may be required of the applicant by the director of public
works.
2. The approximate age of the tree
compared with the average life span for that species;
3. The relative scarcity or rarity
of the species within the Grass Valley city limits;
4. Age of the tree with regard to
whether or not removal of the tree would encourage
healthier, more vigorous growth of younger, similar trees in the area;
5. The number of existing trees in
the area and the effect of the tree removal upon public
health, safety, prosperity, beauty and general welfare of the area;
6. The effect of tree removal on soil
stability/erosion, particularly near watercourses or on
steep slopes;
7. The potential for the tree to be
a public nuisance, or interfere with overhead or
underground utility service or street or sidewalk improvements, as well as its proximity to
existing structures;
8. Present and future shade
potential with regard to solar heating and cooling;
9. Whether or not there are any alternatives
that would allow for the preservation of the tree;
and
10. Any other information the director
of public works finds pertinent to the decision,
including, if necessary, information obtained at a public hearing. (Ord. 455 § 2 (part), 1991)