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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C16-11. Criteria for permit approval.

The Planning Office or any other person or body charged with determining whether to grant, conditionally grant or deny an administrative permit, special permit, use permit, or encroachment permit for tree removal shall take into account the following factors in determining what action to take upon the permit application:

(a) The condition of the tree with respect to disease or damage, imminent danger to human life or safety, imminent danger to property, proximity to existing or proposed structures, and interference with utility services where the problem cannot be corrected by pruning.

(b) The potential impact the removed tree or trees may have upon adjacent trees (i.e. increased windthrow). Where appropriate, removal may necessitate an assessment of potential impacts upon adjacent trees by a certified arborist or forester, along with the development of mitigations to lessen such impacts.

(c) The required action is necessary to allow reasonable economic or other enjoyment of the property.

(d) The topography of the land and the effect of the proposed tree removal upon erosion, soil retention, and the diversion or increased flow of sediment.

(e) The number, species, size, and location of existing trees in the area, and the effect the proposed removal would have upon shade, privacy impact, scenic beauty, and property values of the area.

(f) The historical significance of the tree to the community.

(g) The tree is a detrimental/undesirable species for park strip planting. Included are: Lombardy Poplar, palm tree (in a "non-palm" tree area), Silk Oak, Fruitless Mulberry, Siberian Elm, female Ginkgo, Liquidambar, Eucalyptus, fruit bearing and Monterey Pine.

(h) The tree has caused repeated sewer/sidewalk damage and created a sewer/sidewalk problem that cannot be resolved by any other means.

(i) Removal of the tree would benefit roadway usage, i.e. road widening, sidewalk installation, etc., as determined by Department of Roads and Airports staff.

(Ord. No. NS-1203.107, § 1, 2-11-97)

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