14.154.080 Provisions for priority Oregon white oak trees and woodlands.
A. No person shall willfully remove, top, damage, destroy, break, injure, mutilate or kill any priority Oregon white oak trees and woodlands except as allowed by this chapter.
B. During building or construction operations, suitable protective measures in LMC 18A.70.320(A) shall be erected around Oregon white oak trees, stands, or woodlands which may be subject to injury.
C. The following activities may be allowed regarding priority Oregon white oak trees and woodlands:
1. Removal of diseased trees and trees that present an imminent threat to properties with an approved tree removal permit. The Director may require a written report by a certified arborist assessing the condition of any tree that is purported to be diseased or hazardous. Tree replacement is required at a two-to-one ratio per LMC 18A.70.330.
2. Trimming. 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.
c. Utility pruning shall be conducted in accordance with the latest edition of the United States Department of Agriculture’s Publication NA-FR-01-95 How to Prune Trees, available at https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fsbdev7_016046.pdf, except that tree pruning for utilities shall be conducted in accordance with the latest edition of the International Society of Arboriculture’s Best Management Practices – Utility Pruning of Trees, available at https://www.seattle.gov/light/vegetation-management/docs/Acrobat%20Document.pdf.
3. Single-Family Property. If the presence of the priority Oregon white woodland renders the development of a house or permitted accessory structure infeasible, and the application of incentives in LMC 18A.70.320(J) is insufficient to result in a feasible development, the City may allow removal or trimming of priority Oregon white oak trees and woodlands in order to allow a maximum building footprint of 1,500 square feet for a single-family residence, 1,000 square feet for an accessory dwelling unit, and 1,000 square feet for a detached garage. Additional impervious area for the driveway will be permitted which provides the shortest and most direct access to the house with minimal encroachment or impact into the critical area. The proposal shall demonstrate prior tree removal has met Chapter 18A.70 LMC, Article III in effect at the time, the proposal results in the least possible impact to the critical area to achieve a feasible development, and includes mitigation to offset any impacts to critical areas consistent with the provisions of this chapter and in accordance with a report prepared by a qualified biologist or certified arborist. The City may require a third-party review of the report at the applicant’s expense. A minimum two-to-one replacement ratio shall be applied. See required findings in subsection (C)(5) of this section. If a proposal does not meet the parameters of this paragraph see subsection D of this section.
4. Commercial, Industrial, Multifamily, Institutional or Other Development. On nonsingle-family properties where priority Oregon white oak trees and woodlands does not exceed one acre in size contiguous and the application of incentives in LMC 18A.70.320(J) is insufficient to result in a feasible development, the City may allow for removal or trimming of priority Oregon white oak trees and woodlands to accommodate a legal use of the property with the least possible impact to the critical area, provided no clearing of trees occurred prior to the application for a land use permit in violation of Chapter 18A.70 LMC, Article III in effect at the time, and provided mitigation is instituted consistent with a report prepared by a qualified biologist or certified arborist. The City may require a third-party review of the report at the applicant’s expense. A minimum two-to-one replacement ratio shall be applied. See required findings in subsection (C)(5) of this section. If a proposal does not meet the parameters of this paragraph see subsection D of this section.
5. Required Findings. To approve a proposal for a single-family home in subsection (C)(3) of this section or other non-single-family development in subsection (C)(4) of this section, the Director shall find:
a. The application of incentives in LMC 18A.70.320(J) is insufficient to result in a feasible development.
b. The development results in the least possible impact to the critical area to achieve a feasible development that accommodates a legal use of the property.
c. The report and mitigation prepared by a qualified biologist or certified arborist demonstrate to the satisfaction of the Director that mitigation addresses impacts to priority Oregon white oak trees and woodlands consistent with the provisions of this chapter. The report and mitigation consider the Washington Department of Fish and Wildlife Priority Habitats and Species Program management recommendations for Oregon white oak woodlands. The report has been reviewed by either the Washington Department of Fish and Wildlife through SEPA review and/or a qualified biologist or certified arborist at the applicant’s expense as required by the Director.
d. Prior tree removal has met Chapter 18A.70 LMC, Article III in effect at the time.
D. If the application of this section would deny all reasonable use of property, the applicant may apply for a reasonable use exception pursuant to LMC 14.142.080. [Ord. 775 § 1 (Exh. A), 2022.]