The proposed revisions affect the Fire Code; Building Code, Tree Code, and Streets (LOC Chapter 42).

TO: FROM: SUBJECT: Kent Studebaker, Mayor Members of the City Council Evan P. Boone, Deputy City Attorney City Attorney s Office Ord. 2649: An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Articles 15.06 (Fire Code), 42.04 (Construction Permits), 42.12 (Excavation Permits), 42.18 (Rights of Way and Easements), 45.09 (Building Code / Various Codes), and Chapter 55.02 (Trees / Tree Removal) [2014 Code Maintenance]. DATE: July 23, 2014 ACTION The Council will conduct a legislative public hearing at its July 29, 2014 meeting to receive public testimony upon the proposed code revisions. Following the public hearing, the Council will decide whether to adopt proposed Ord. 2649. INTRODUCTION/BACKGROUND The proposed amendments are to sections of the Lake Oswego Code other than the Community Development Code (LOC Ch. 50). These revisions are part of the annual code maintenance, an on going effort to update the code and make regulations more usable for residents and City staff. The proposed revisions affect the Fire Code; Building Code, Tree Code, and Streets (LOC Chapter 42). No prior study session was held before the Council. DISCUSSION The attached Exhibit 1 contains the proposed text changes, along with a brief comment explaining the reason for the proposed revision. (Exhibit 1 was previously distributed to the Council members on July 7, 2014; there have been no additions.) 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us

Page 2 Council members are invited to contact either the appropriate department director or myself if the council member has questions about the proposed revisions prior to the public hearing. (The City Attorney s Office s role has been to compile the code maintenance revisions from affected departments and to assist in preparing the commentary; the department directors can respond to any detailed questions.) ALTERNATIVES & FISCAL IMPACT The Council may adopt all, part, or none of the proposed revisions. The commentary in Exhibit 1 addresses the reason for the proposed revision, and thus the consequences of not adopting the particular proposed revision. Only the revision to LOC 42.04.170, relating to the cost of construction permits for work within streets, has the potential for fiscal impact. However, the fiscal impact is expected to be zero, based upon the Council s establishment of fees to recover City s costs of survey, inspection, and other engineering expenses for private construction work within city streets. RECOMMENDATION It is recommended that the Council adopt Ordinance 2649. ATTACHMENTS 1. Exhibit 1 to Ord. 2649, with commentary. 2. Ord. 2649, with Exhibit 1 without commentary. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us

June 30, 2014 Draft; Exhibit 1 to Council Report LAKE OSWEGO CODE 2014 ANNUAL NON CDC CODE MAINTENANCE [Annotated with Comments] Note: The final version of the Ordinance will remove this page and the annotations. Public Hearing: July 29, 2014 Staff Contact: Evan Boone, Deputy City Attorney eboone@ci.oswego.or.us / 503 635 0225 Fire Protection / Fire Prevention Code... 2 15.06.610 Oregon Fire Code Adopted.... 2 Streets and Sidewalks / Construction Permits... 3 42.04.170 All Cost to be Borne by Applicant.... 3 42.04.180 Cash Deposit for Payment of Fee Estimated Expenses prerequisite Prior to Issuance; Refund... 4 Streets and Sidewalks / Excavations... 4 42.12.610 Permit Required. [Street Opening Permit]... 4 Streets and Sidewalks / Public Rights of Way and Easements... 6 42.18.1015 Exemptions.... 6 Building Code... 6 45.09.075 Undergrounding of Utilities.... 6 Trees / Tree Removal... 7 55.02.020 Definitions.... 7 55.02.084 Mitigation Required.... 7 Page 1 2014 Annual Non CDC Code Maintenance

Exhibit 1 Fire Protection / Fire Prevention Code 15.06.610 Oregon Fire Code Adopted. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion the Oregon Fire Code (as enacted on October 1, 2004, or as thereafter amended by the Department of Oregon State Police, Office of State Fire Marshal). Such a code is enacted and adopted in whole by this reference as though set forth at length except such portions as are hereinafter deleted, modified or amended by this section. 1. The geographic limits referred to in certain sections of the Oregon Fire Code are hereby established for the City of Lake Oswego as follows: a. Section 3204.3.1.1: residential zones (including areas with split zones which include residential zones). This item was deleted in the 2007 Oregon Fire Code. ba. Section 3404.2.9.5.15704.2.9.6: residential zones (including areas with split zones which include residential zones). Revised to reflect renumbering of the Oregon Fire Code cb. Section 3804.26104.2: residential zones (including areas with split zones which include residential zones). Revised to reflect renumbering of the Oregon Fire Code 2. The City of Lake Oswego hereby adopts Sections 105.6A through 105.6.46 of the Oregon Fire Code. 3. Section 507.3 is amended to read as follows: Fire Flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method. See Appendix B. However, notwithstanding Appendix B, no building shall be constructed, altered, enlarged, or required in a manner that by reason of size, type of construction, number of stories, occupancy, or any combination thereof creates a need for a fire flow in excess of 3,000 gallons per minute at 20 pounds per square inch residual pressure, or exceeds the available fire flow at the site of the structure, whichever is less. Fire flow requirements in excess of 3,000 gallons per minute for buildings protected with automatic sprinkler systems may be allowed by the Building Official and the Fire Marshal when: Page 2 2014 Annual Non CDC Code Maintenance

a. The greater flow is made available at the building site through the existing city water distribution system; and b. Vehicle access as specified in Section 503.1.1 of the Oregon Fire Code is provided to all sides of the building. Delete This is now part of the current Fire Code 43. Section 503.2.1 is amended to read as follows: *** 54. Section 603.1 is amended to add, as additional subsections, the following: *** 65. A new Section 3301.1.2A. is added to Oregon Fire Code Chapter 33 as follows: 3301.1.2A Storage of Explosives. Overnight storage of any quantity of explosives or blasting agents is prohibited within the boundaries of the City. Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Oregon Fire Code Section 5606. The Fire Department recommends this exception to the overnight storage of explosives section because the excepted items do not pose a community safety hazard. Section 5606 previously was not available as a reference. Streets and Sidewalks / Construction Permits 42.04.170 All Cost to be Borne by Applicant. The applicant shall pay such amount established by resolution of the City Council from time to time, for the All expenses incurred by the City s in survey, inspection, and other engineering servicesshall be at the cost of the persons requesting the permit. Allows implementation of the Public Works Review Modification Proposal that was adopted in the 2014 Master Fees and Charges Resolution. This was addressed in prior Oct. 15, 2013, memorandum to Council, page 4 and Attachment 3. (http://www.ci.oswego.or.us/sites/default/files/fileattachments/citycouncil/calendarev ents/19967/4.1_rpt_and_attachments.pdf?t=1398202038226) Page 3 2014 Annual Non CDC Code Maintenance

42.04.180 Cash Deposit for Payment of Fee Estimated Expenses prerequisite Prior to Issuance; Refund The City Engineer shall not issue the permit herein provided for until the applicant shall have deposited with the Recorder a sum of money sufficient to cover the expenses of the City mentioned in the fee per LOC 42.04.170 the amount of which shall be determined by an estimate made by the City Engineer. If after the completion and acceptance of work under the permit it shall appear that the expense of survey, inspection, and engineering services performed by the City was less than the amount of such deposit, the balance shall be returned to the applicant. Allows implementation of the Public Works Review Modification Proposal that was adopted in the 2014 Master Fees and Charges Resolution. This was addressed in prior Oct. 15, 2013, memorandum to Council, page 4 and Attachment 3 (http://www.ci.oswego.or.us/sites/default/files/fileattachments/citycouncil/calendarev ents/19967/4.1_rpt_and_attachments.pdf?t=1398202038226) Streets and Sidewalks / Excavations 42.12.610 Permit Required. [Street Opening Permit] 1. It shall be unlawful for any person, without first obtaining a permit therefor, to: a. Dig up, break into, excavate, disturb, dig under, or undermine any street for the purpose of laying or working upon any water pipe, water main, sewer, branch sewer, or pipe of any kind; b. Make connection with, obstruct, or interfere with any public sewer or drain pipe; c. Cut or break into any brick, clay, terra cotta, cement pipe or other sewer; d. Connect with any sewer, except at the branches duly provided in such sewer for connection therewith; e. Excavate or dig up a street for the purpose of laying down, installing or constructing underground conduits for electric wires or steam, or for making any connection therewith; f. Connect the blowoff or exhaust pipe of any boiler or steam engine with any sewer or branch thereof; g. Do any other excavation work in a roadway. In case of leakage or breakage in any pipe, main, sewer, or conduit, requiring immediate action, any person otherwise authorized to do so may commence the repairs on such pipe, main sewer, or conduit without first obtaining the permit; but he shall, as soon as practicable, file the application and deposit hereinafter provided and obtain the necessary permit. 2. The permit required by this section is a minor development permit and is obtained pursuant to the procedures set forth in LOC 50.07.003.3 and 50.07.003.14. The standards for approval set forth in LOC 50.07.003.14.d.ii apply in addition to those set forth in this chapter. Engineering staff has been processing street opening permits over the counter, ministerially. They are issued if the applicant files an application per LOC 42.12.620, Page 4 2014 Annual Non CDC Code Maintenance

submitting (1)(a) the name of the street, (b) purpose, (c) location of street work, (d) location of house to be served, if applicable, and (e) number of days for the work to be done; pays the application fee (LOC 42.12.630) and cash bond to assure the street is restored (LOC 42.12.640). Conditions of approval may be placed on the permit per LOC 42.12.650. However, LOC 42.12.610 also requires review and approval compliance pursuant to the procedures set forth in LOC 50.07.003.3 and 50.07.003.14, and comply with the minor development review criteria. LOC 50.07.003.3 requires (1) 14 day mailed notice to property owners within 300 feet, but at least 50 property owners; (2) 14 day mailed notice to the affected and abutting neighborhood associations; (3) 11 day posted notice, for a comment period prior to staff decision. The review criteria specifically stated as the same for land use minor development applications, in addition to the criteria set forth in LOC 42.12: ii. Review Criteria for Minor Developments A minor development shall comply with: (1) The requirements of the zone in which it is located; (2) The development standards applicable to minor developments; (3) Any additional statutory, regulatory or Lake Oswego Code provisions which may be applicable to the specific minor development application, as provided for in this Community Development Code (LOC Chapter 50), streets and sidewalks chapter (LOC Chapter 42), and the tree cutting chapter (LOC Chapter 55); and (4) Any applicable condition of approval imposed pursuant to an approved ODPS or prior development permit affecting the subject property. Upon staff decision, mailed notice of the decision is to given to persons who commented. The decision becomes final unless an appeal is filed within 15 days. Upon expiration of the appeal period, if no appeal is filed, the permit may then be issued. Staff submits that the land use minor development notice and approval criteria is not necessary for the issuance of a street opening permit, and that the permit should be issued over the counter, upon compliance with LOC 42.12.620.650. Subsection (2) of LOC 42.12.610 need not be replaced or reworded because LOC 42.12.660 already states the obligation to issue the permit. LOC 42.12.660 Issuance. Upon receipt of the application and a cash bond as hereinbefore required, the city engineer shall, unless there shall be reasons of public interest to the contrary, issue to such applicant the permit requested, upon such restrictions and conditions as the city engineer may deem necessary for the public benefit. Page 5 2014 Annual Non CDC Code Maintenance

Streets and Sidewalks / Public Rights of Way and Easements 42.18.1015 Exemptions. 1. Certain encroachments are exempt from the requirements of LOC 42.18.1010. Exempt encroachments are those which would have a minor impact on the present or planned use of the public right of way/easement and those which are expressly permitted by Code. Except as provided by Subsection (2) of this Section, exempt encroachments are: a. Mailboxes and their enclosing structures subject to Post Office regulations. b. Irrigation and low voltage illumination. c. Temporary signs and banners with an approved permit per LOC 47.08.305. d. Newspaper vending machines provided they do not obstruct pedestrian movement. e. Guard/handrails along edges of driveway approaches, walks, stairs etc... f. Lawns, plants and approved street trees that do not obstruct visibility for pedestrians, bicyclists and motorists. g. Awnings and building projections in commercial areas in conformance with Chapter 45. 2. The encroachments described in Subsection (1) of this Section shall not be exempt if they create a line of sight traffic hazard or conflict with federal Americans with Disabilities requirements. The City is required to assure that its rights of way comply with the ADA. Building Code 45.09.075 Undergrounding of Utilities. Utility and service facilities shall be located underground in conjunction with construction of all new or other structures subject to this Code that require utility service. The City may require undergrounding of utility service facilities for other structures when subject to development review approval under LOC Ch. 50 Utility and service facilities shall be located underground in conjunction with the remodeling of all buildings or other structures subject to this Code if the proposed remodeling requires or results in a substantial modification to the existing utility service or if the remodeling requires or results in construction of a utility trench. The existing city code provision is subjective and does not achieve the objective of eliminating above ground utility poles and wires in the right of way. Present language places a disproportionate burden on owners of small buildings by requiring underground utilities whenever the value of construction exceeds 50% of the market value of the structure. For example, the code provision would typically require a the owner / developer of a 500 sq. ft. addition to a 1,000 sq. ft. residence install electrical service underground, although the same 500 sq. ft. addition would not be required on a 2000 sq. ft. residence. This code requirement has also hindered property owners from making safety improvements to the electrical service equipment by requiring that the service entrance Page 6 2014 Annual Non CDC Code Maintenance

conductors be place underground. The new wording also clarifies the intent of the code provision that it applies only to new buildings. Trees / Tree Removal 55.02.020 Definitions. **** Stump means a tree of six feet in height or less whose top was removed either under a tree removal permit or by an act of nature. *** Tree means any woody plant having a trunk five caliper inches or larger in diameter at breast height (DBH). If a tree splits into multiple trunks above ground, but below 4.5 feet, the trunk is measured at its most narrow point beneath the split, and is considered one tree. If the tree splits into multiple trunks below ground, each trunk shall be considered one tree. For the purposes of this chapter, stumps, English laurel, Portuguese laurel, photinia, arborvitae, poison oak, and English ivy shall not be considered a "tree." The Tree Code currently requires a permit for the removal of tree stumps, regardless of whether the stump was man made or created by natural causes. The Director of Planning and Building Services issued a directive to staff on August 21, 2013 to not enforce the Tree Code regarding stumps that were 6 ft. high or less, pending Council s consideration of this issue. The proposed amendments to the Tree Code define a stump as any tree with a height of six feet or less whose top was removed either under a tree removal permit or by an act of nature, and clarify that stumps do not need a permit for removal. 55.02.084 Mitigation Required. 1. An applicant shall provide mitigation for any tree permitted for removal, with the exception of the following: a. Dead trees; b. Hazard trees; c. Trees that are 10 inches or less in diameter removed from developed single family lot; d. Invasive Tree Species, except as provided in subsection (2) of this section. 2. Mitigation for Invasive Tree Species removal is required when: a. The removal is from a public right of way; b. The removal is from a Resource Conservation or Resource Protection Overlay District; or c. The tree was planted as part of a previously approved landscape or mitigation plan. Page 7 2014 Annual Non CDC Code Maintenance

3. The mitigation requirement shall be satisfied as follows: a. Replanting on Site. The applicant shall plant, for each tree removed: i. Invasive Tree Species Removal Permit: Removal from a public right of way or from an approved landscape plan, either a minimum two inch caliper deciduous tree or a six to eight foot tall evergreen tree for each tree removed. Removal from a Resource Conservation or Resource Protection Overlay District, either a minimum one half inch caliper deciduous tree or a minimum two foot tall evergreen tree. ii. Other Tree Cutting Permits: Either a minimum two inch caliper deciduous tree or a six to eight foot tall evergreen tree for each tree removed. The tree shall be planted according to the specifications in the City Tree Planting and Maintenance Guidelines as approved by the City Council. b. Replanting off Site. If in the City s determination there is insufficient available space on the subject property, the replanting required in subsection (1) of this section shall occur on other property in the applicant s ownership or control within the City, in an open space tract that is part of the same subdivision, or in a City owned or dedicated open space or park. Such mitigation planting is subject to the approval of the authorized property owners. If planting on City owned or dedicated property, the City may specify the species and size of the tree. Nothing in this section shall be construed as an obligation of the City to allow trees to be planted on City owned or dedicated property. c. Payment in Lieu of Planting. If in the City s determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree fund an amount as established by resolution of the City Council. 4. Trees identified as invasive on the Invasive Tree Species List are prohibited as mitigation trees. Prohibits invasive species from being counted toward required landscaping and tree mitigation. Page 8 2014 Annual Non CDC Code Maintenance

ORDINANCE NO. 2649 An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Articles 15.06 (Fire Code), 42.04 (Construction Permits), 42.12 (Excavation Permits), 42.18 (Rights of Way and Easements), 45.09 (Building Code / Various Codes), and Chapter 55.02 (Trees / Tree Removal) [2014 Code Maintenance]. Whereas, through the application of the Lake Oswego Code, the Fire, Engineering, Building, and Planning Departments staff have found that some sections of the Lake Oswego Code could be improved by removing ambiguous and conflicting language, correcting provisions, and updating the certain articles of the Lake Oswego Code; The City of Lake Oswego ordains as follows: Section 1. The Lake Oswego Code is hereby amended by adding the text shown in bold, doubleunderlined type and deleting the text shown in strikethrough type as set forth on Exhibit 1. (Section or subsections within the Lake Oswego Code that are not marked for deletion or addition are neither amended nor deleted by this Ordinance.) Section 2. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 29th day of July, 2014. AYES: NOES: ABSTAIN: // // // Ordinance No. 2649 Page 1 of 2

EXCUSED: Kent Studebaker, Mayor Dated: ATTEST: Catherine Schneider, City Recorder APPROVED AS TO FORM: David D. Powell, City Attorney Ordinance No. 2649 Page 2 of 2

15.06.610 Oregon Fire Code Adopted. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion the Oregon Fire Code (as enacted on October 1, 2004, or as thereafter amended by the Department of Oregon State Police, Office of State Fire Marshal). Such a code is enacted and adopted in whole by this reference as though set forth at length except such portions as are hereinafter deleted, modified or amended by this section. 1. The geographic limits referred to in certain sections of the Oregon Fire Code are hereby established for the City of Lake Oswego as follows: a. Section 3204.3.1.1: residential zones (including areas with split zones which include residential zones). ba. Section 3404.2.9.5.15704.2.9.6: residential zones (including areas with split zones which include residential zones). cb. Section 3804.26104.2: residential zones (including areas with split zones which include residential zones). 2. The City of Lake Oswego hereby adopts Sections 105.6A through 105.6.46 of the Oregon Fire Code. 3. Section 507.3 is amended to read as follows: Fire Flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method. See Appendix B. However, notwithstanding Appendix B, no building shall be constructed, altered, enlarged, or required in a manner that by reason of size, type of construction, number of stories, occupancy, or any combination thereof creates a need for a fire flow in excess of 3,000 gallons per minute at 20 pounds per square inch residual pressure, or exceeds the available fire flow at the site of the structure, whichever is less. Fire flow requirements in excess of 3,000 gallons per minute for buildings protected with automatic sprinkler systems may be allowed by the Building Official and the Fire Marshal when: a. The greater flow is made available at the building site through the existing city water distribution system; and b. Vehicle access as specified in Section 503.1.1 of the Oregon Fire Code is provided to all sides of the building. 43. Section 503.2.1 is amended to read as follows: *** Page 1 Ordinance 2649, Exhibit 1 Exhibit 1 to Ord. 2649

54. Section 603.1 is amended to add, as additional subsections, the following: *** 65. A new Section 3301.1.2A. is added to Oregon Fire Code Chapter 33 as follows: 3301.1.2A Storage of Explosives. Overnight storage of any quantity of explosives or blasting agents is prohibited within the boundaries of the City. Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Oregon Fire Code Section 5606. 42.04.170 All Cost to be Borne by Applicant. The applicant shall pay such amount established by resolution of the City Council from time to time, for the All expenses incurred by the City s in survey, inspection, and other engineering servicesshall be at the cost of the persons requesting the permit. 42.04.180 Cash Deposit for Payment of Fee Estimated Expenses prerequisite Prior to Issuance; Refund The City Engineer shall not issue the permit herein provided for until the applicant shall have deposited with the Recorder a sum of money sufficient to cover the expenses of the City mentioned in the fee per LOC 42.04.170 the amount of which shall be determined by an estimate made by the City Engineer. If after the completion and acceptance of work under the permit it shall appear that the expense of survey, inspection, and engineering services performed by the City was less than the amount of such deposit, the balance shall be returned to the applicant. 42.12.610 Permit Required. [Street Opening Permit] 1. It shall be unlawful for any person, without first obtaining a permit therefor, to: a. Dig up, break into, excavate, disturb, dig under, or undermine any street for the purpose of laying or working upon any water pipe, water main, sewer, branch sewer, or pipe of any kind; b. Make connection with, obstruct, or interfere with any public sewer or drain pipe; c. Cut or break into any brick, clay, terra cotta, cement pipe or other sewer; d. Connect with any sewer, except at the branches duly provided in such sewer for connection therewith; e. Excavate or dig up a street for the purpose of laying down, installing or constructing underground conduits for electric wires or steam, or for making any connection therewith; f. Connect the blowoff or exhaust pipe of any boiler or steam engine with any sewer or branch thereof; g. Do any other excavation work in a roadway. Page 2 Ordinance 2649, Exhibit 1

In case of leakage or breakage in any pipe, main, sewer, or conduit, requiring immediate action, any person otherwise authorized to do so may commence the repairs on such pipe, main sewer, or conduit without first obtaining the permit; but he shall, as soon as practicable, file the application and deposit hereinafter provided and obtain the necessary permit. 2. The permit required by this section is a minor development permit and is obtained pursuant to the procedures set forth in LOC 50.07.003.3 and 50.07.003.14. The standards for approval set forth in LOC 50.07.003.14.d.ii apply in addition to those set forth in this chapter. 42.18.1015 Exemptions. 1. Certain encroachments are exempt from the requirements of LOC 42.18.1010. Exempt encroachments are those which would have a minor impact on the present or planned use of the public right of way/easement and those which are expressly permitted by Code. Except as provided by Subsection (2) of this Section, exempt encroachments are: a. Mailboxes and their enclosing structures subject to Post Office regulations. b. Irrigation and low voltage illumination. c. Temporary signs and banners with an approved permit per LOC 47.08.305. d. Newspaper vending machines provided they do not obstruct pedestrian movement. e. Guard/handrails along edges of driveway approaches, walks, stairs etc... f. Lawns, plants and approved street trees that do not obstruct visibility for pedestrians, bicyclists and motorists. g. Awnings and building projections in commercial areas in conformance with Chapter 45. 2. The encroachments described in Subsection (1) of this Section shall not be exempt if they create a line of sight traffic hazard or conflict with federal Americans with Disabilities requirements. 45.09.075 Undergrounding of Utilities. Utility and service facilities shall be located underground in conjunction with construction of all new or other structures subject to this Code that require utility service. The City may require undergrounding of utility service facilities for other structures when subject to development review approval under LOC Ch. 50 Utility and service facilities shall be located underground in conjunction with the remodeling of all buildings or other structures subject to this Code if the proposed remodeling requires or results in a substantial modification to the existing utility service or if the remodeling requires or results in construction of a utility trench. 55.02.020 Definitions. **** Stump means a tree of six feet in height or less whose top was removed either under a tree removal permit or by an act of nature. *** Tree means any woody plant having a trunk five caliper inches or larger in diameter at breast height (DBH). If a tree splits into multiple trunks above ground, but below 4.5 feet, the trunk is measured at its most narrow point beneath the split, and is considered one tree. If the tree Page 3 Ordinance 2649, Exhibit 1

splits into multiple trunks below ground, each trunk shall be considered one tree. For the purposes of this chapter, stumps, English laurel, Portuguese laurel, photinia, arborvitae, poison oak, and English ivy shall not be considered a "tree." 55.02.084 Mitigation Required. 1. An applicant shall provide mitigation for any tree permitted for removal, with the exception of the following: a. Dead trees; b. Hazard trees; c. Trees that are 10 inches or less in diameter removed from developed single family lot; d. Invasive Tree Species, except as provided in subsection (2) of this section. 2. Mitigation for Invasive Tree Species removal is required when: a. The removal is from a public right of way; b. The removal is from a Resource Conservation or Resource Protection Overlay District; or c. The tree was planted as part of a previously approved landscape or mitigation plan. 3. The mitigation requirement shall be satisfied as follows: a. Replanting on Site. The applicant shall plant, for each tree removed: i. Invasive Tree Species Removal Permit: Removal from a public right of way or from an approved landscape plan, either a minimum two inch caliper deciduous tree or a six to eight foot tall evergreen tree for each tree removed. Removal from a Resource Conservation or Resource Protection Overlay District, either a minimum one half inch caliper deciduous tree or a minimum two foot tall evergreen tree. ii. Other Tree Cutting Permits: Either a minimum two inch caliper deciduous tree or a six to eight foot tall evergreen tree for each tree removed. The tree shall be planted according to the specifications in the City Tree Planting and Maintenance Guidelines as approved by the City Council. b. Replanting off Site. If in the City s determination there is insufficient available space on the subject property, the replanting required in subsection (1) of this section shall occur on other property in the applicant s ownership or control within the City, in an open space tract that is part of the same subdivision, or in a City owned or dedicated open space or park. Such mitigation planting is subject to the approval of the authorized property owners. If planting on City owned or dedicated property, the City may specify the species and size of the tree. Nothing in this section shall be construed as an obligation of the City to allow trees to be planted on City owned or dedicated property. c. Payment in Lieu of Planting. If in the City s determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree fund an amount as established by resolution of the City Council. 4. Trees identified as invasive on the Invasive Tree Species List are prohibited as mitigation trees. Page 4 Ordinance 2649, Exhibit 1