§ 15.52.050. Standards for resolution of claims.

A.

The claimant shall have no right greater than that which existed at the time of the claimant's acquisition of the property involved in the view claim and shall provide evidence to provide the extent of said view.

B.

The character of the view shall be determined by evaluating:

1.

The vantage point(s) from which the view is obtained;

2.

The existence of landmarks or other unique features in the view;

3.

The extent to which the view is diminished by factors other than the tree(s) involved in the claim.

C.

The character of the view obstruction shall be determined by evaluating:

1.

The extent of the alleged view obstruction, measured to arrive at a percentage of the total view. Measurement of the alleged view obstruction shall be calculated by means of a surveyor's transit, or by photography, or both;

2.

The extent to which landmarks or other unique features in the view are obstructed.

D.

The extent of benefits and/or burdens derived from the tree(s) in question shall be determined with consideration given to the following factors:

1.

Visual screening provided by the tree(s);

2.

Wildlife habitat provided by the tree(s);

3.

Soil stability provided by the tree(s), as measured by soil structure, degree of slope and extent of tree(s) root system;

4.

Energy conservation and/or climate control provided by the tree(s);

5.

Effects on neighboring vegetation created by the tree(s);

6.

Visual, quality of the tree, including but not limited to species characteristics, size, growth, form, vigor, and location;

7.

The economic value of the tree(s) as measured by the criteria developed by the International Society of Arboriculture;

8.

Other tree-related factors, including but not limited to:

a.

Indigenous tree species,

b.

Specimen tree quality,

c.

Rare tree species,

d.

Historic value.

E.

Restorative actions shall be limited to the following:

1.

No action;

2.

Trimming;

3.

Thinning;

4.

Topping;

5.

Tree removal with necessary replacement plantings.

F.

Each type of restorative action shall be evaluated based on the above findings and with consideration given to the following factors:

1.

The effectiveness of the restorative action in reducing the view obstruction;

2.

Any adverse impact of the restorative action on the benefits derived from the tree(s) in question;

3.

The structural and biological effects of the restorative action on the tree(s) in question;

4.

The cost of the restorative action, as determined by consultation with licensed arborists located in Oakland.

G.

All restorative actions shall be undertaken with consideration given to the following factors:

1.

All restorative actions must be consistent with the tree preservation ordinance as set forth in Chapter 12.36 of this code.

2.

Restorative actions shall be limited to the trimming and/or thinning of branches where possible.

3.

When trimming and/or thinning of branches is not a feasible solution, topping shall be preferable to tree removal if it is determined that the impact of topping does not destroy the visual proportions of the tree, adversely affect the tree's growth pattern or health, or otherwise constitute a detriment to the tree(s) in question.

4.

Tree removal shall only be considered when all other restorative actions are judged to be ineffective and shall be accompanied by replacement plantngs of appropriate plant materials to restore the maximum level of benefits lost due to tree removal. Replacement plantings can be required on the tree owner's or the claimant's property.

5.

In those cases where tree removal eliminates or significantly reduces the tree owner's benefits of visual screening or privacy, replacement screen plantings shall, at the tree owner's option, be established prior to tree removal; notwithstanding the provisions of subsection (G)(4) of this Section, the tree owner may elect tree removal with replacement plantings as an alternative to trimming, thinning or topping.

6.

All trimming, topping, thinning and tree removal required under this Chapter must be performed by a licensed arborist.

(Prior code § 7-8.04)