Chapter 20.161


20.16.010    Harm prohibited.

20.16.020    Permits for removal, topping and trimming.

20.16.030    Variances.

20.16.010 Harm prohibited.

(1) No person shall remove, top, damage, destroy, break, injure, mutilate or kill any Garry oak tree or permit any animal under his control to do so, or allow ivy or other invasive vines to takeover any Garry oak tree, or to permit any toxic chemicals to seep, drain or empty onto or about any Garry oak tree, except as allowed by this chapter.

(2) During building or construction operations, suitable protective measures listed below shall be erected around Garry oak trees which may be subject to injury.

(a) Establish a critical root zone (CRZ) for the tree which at a minimum is a circular area around the tree trunk with a radius of one foot for every one inch in diameter measured at four and one-half feet above grade.

(b) Install an access deterring fence with a minimum height of three feet around the CRZ that will remain in place till final inspections have been completed.

(c) Post highly visible and legible signs of caution, warning, or do not disturb, which are not less than 12 inches by 12 inches, of the restrictions around the tree on the fence or restricted area to help convey the importance of CRZ to workers on site.

(d) No roots greater than four inches in diameter shall be cut, even if such roots are outside the CRZ.

(e) Make all necessary cuts to tree roots cleanly with sharp tools.

(f) Construction debris or stockpile construction material shall be done outside the CRZ and away from the tree as practically possible.

(g) The soil composition in and around the CRZ shall not be disturbed or altered during project construction.

(h) Change in soil grades around the CRZ and tree shall be gradual.

(i) Washing equipment, vehicle maintenance and other potential soil contamination activities shall be done away from the CRZ and the tree as practically possible.

(j) All measures to avoid damage to tree trunks and branches should be taken during construction activities.

(3) If the protective measures listed above cannot be met due to site specific conditions, or if it is determined that the measures may not meet the intent of protecting the Garry oak tree, the applicant will be required to provide a tree protection plan prepared by a certified arborist.

(4) No hard surface area shall be allowed within the drip line of a Garry oak tree to the maximum extent possible. An administrative variance may allow hard surface on up to 25 percent of the area within the drip line when there is no practical alternative. (Ord. 1839 § 1, 2018; Ord. 1784 § 76, 2016; Ord. 1441 § 1, 2005).

20.16.020 Permits for removal, topping and trimming.

Permits for removal or trimming of a Garry oak tree may be granted by the director when the following conditions are determined to exist:

(1) Removal or Topping. A permit for removal or topping may be granted when it is determined by the director that the Garry oak tree is so diseased or damaged that it presents a danger to the public or adjacent property and trimming is inadequate to ameliorate the danger. Wherever feasible, dead Garry oak trees shall be left as snags, for their habitat value.

(2) Trimming. A permit for trimming shall be granted when it is determined:

(a) That trimming is needed for safety or public welfare or to remove diseased or dead branches; or

(b) That branches hang over an existing building or interfere with utility lines or right-of-way access.

(3) The director shall respond to a request for a permit within 10 days of application. No fee shall be charged for a permit. Appeal of a decision by the director shall be to the hearing examiner and shall be made in writing within 10 days of the decision. (Ord. 1839 § 1, 2018; Ord. 1441 § 1, 2005).

20.16.030 Variances.

In order to ameliorate the impact of this chapter, the following variances may be allowed under the zoning code:

(1) Setbacks. A variance may be granted to allow intrusion of a building into a setback yard by 10 feet to preserve a Garry oak tree located elsewhere on the property.

(2) Parking. Parking requirements may be reduced by two vehicles per Garry oak tree preserved on the property.

(3) Landscaping. A credit of one and one-half square feet for landscaping requirements under the city zoning code shall be given for every square foot of area devoted to a Garry oak tree use. (Ord. 1839 § 1, 2018; Ord. 1441 § 1, 2005).


Prior legislation: Ords. 898 and 1275.