A. Mitigation is required as a condition of a permit issued under PCC
Section 20.42.090 B, or if a tree is cut in violation of this Chapter. The
mitigation plan shall be submitted at the time of application and shall provide
for the following:
1. Tree replacement shall be determined according to the DBH of the
tree to be removed. The total DBH of the replanted trees shall equal the DBH
of the tree to be removed. The DBH of the replacement trees must be the
largest reasonable available by local nurseries.
2. The location of the replacement trees shall meet one or more of
the following at the discretion of the Urban Forester:
a. In the public right-of-way adjoining the property where the
tree to be removed is located, in accordance with PCC 20.40.070. The Urban
Forester shall consult with the City Engineer to avoid conflict with current
and future utilities.
b. On the property where the tree to be removed is located. Site
characteristics shall be taken into consideration.
c. If no suitable place exists on the property where the tree to be
removed is located or in the adjoining right-of-way, the applicant may plant
trees on another property in the neighborhood with the permission of the
d. If no suitable place exists on the property where the tree to be
removed is located, the applicant may, in lieu of planting, pay a mitigation
fee into the City’s tree fund in accordance with fees set by the Urban
B. When the Urban Forester determines that the above mitigation
requirements create an unreasonable burden to a property owner, the Urban
Forester may adjust the mitigation requirements. Mitigation shall not be reduced
if it is determined that an intentional violation exists.
C. If any replacement tree dies within three years of the planting,
the property owner shall replace the tree. No replacement tree shall be cut
without a permit under this Chapter.
D. Any person who fails to enter into a mitigation plan as required by
this subsection or who fails to comply with any condition of that agreement, or
with any condition of any permit issued under PCC 20.42.090 B, shall be subject
to the penalties provided for violation of the Chapter.