32-79 TREE PRESERVATION.

The Town of Danville contains many species of native and non-native trees that are of great beauty and significance. It is recognized that the preservation of these trees enhances the natural beauty, sustains the long term potential increase in property values which encourages quality development, maintains the natural ecology, retains the tempering effect of

extreme temperatures, helps to create and retain the identity and quality of the Town which is necessary for successful business to continue, improves the attractiveness of the Town to residents and visitors, prevents the erosion of top soil, provides protection against flood hazards and risk of landslide, and increases the oxygen output of the area which isneeded to combat air pollution. It is also recognized that construction activities around trees can harm or destroy trees. These concerns are balanced by the acknowledgment that the risk of wildfire can be an overriding consideration. For these reasons, the Town Council finds that in order to promote the public health, safety, and general welfare of the Town of Danville, while at the same time recognizing individual rights to develop private property in a manner which will not be prejudicial to the public interest, it is necessary to enact regulations controlling the removal of and preservation of trees within the Town. One of the purposes of this section is to establish incentives and guidelines for the protection and replacement of significant trees to the maximum extent possible.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

As used in this section:

a. Certified arborist shall be as defined by the International Society of Arboriculture; a "consulting arborist" who satisfies the requirements of the American Society of Consulting Arborists who, after review by the Chief of Planning, is determined to meet the standards established for certified or consulting arborists described above.

b. Dripline means the area of ground directly underneath any portion of the canopy of a tree.

c. Heritage tree means any single trunked tree in Town, regardless of species, which has a trunk diameter of thirty-six (36) inches or greater measured four and one-half (4½) feet above the ground.

d. Minor development means any residential development requiring a building and/or grading permit for a new residence, addition to a residence, accessory structure, including sheds, pools and retaining walls, or an accessory dwelling unit.

e. Major development means any subdivision of property, a residential development resulting in two (2) or more new dwellings, any new commercial development, or any commercial addition over one thousand (1,000) square feet.

f. Memorial tree means a tree planted on public property in memory of or commemoration of an individual or individuals.

g. Protected tree means a tree which is protected by subsection 32-79.4 of this section. A protected tree cannot be disfigured, damaged, or removed within the Town of Danville without obtaining a tree removal permit from the Town.

h. Routine maintenance means actions taken to maintain the health of a tree, including, but not limited to, removal of deadwood, diseased or crossing limbs, control of deleterious insects, and pruning pursuant to pruning standards specified by the Western Chapter of the International Society of Arboriculture Pruning Standards.

i. Tree means a live woody plant having a single perennial stem or a multi-stemmed perennial plant which is over fifteen (15) feet in height at maturity. This definition does not include trees planted, grown and held for sale by licensed nurseries or planted and grown as part of an active commercial orchard.

j. Tree removal means the removal, destruction, or unnecessary disfigurement of a tree.

k. Tree removal permit means the right to remove or destroy the tree(s) upon approval of an application for tree removal, subject to the conditions specified under the approval.

l. Tree report means a professional assessment or document that evaluates the condition, health, and characteristics of tree(s) on a property prepared by a certified arborist or member of the International Society of Consulting Arborists.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

A property owner shall be responsible for providing routine maintenance of trees within the public right-of-way fronting their private property. The property owner shall also be responsible for maintaining any trees on the property frontage or on the private property to prevent encroaching into or negatively affecting any public property, including, but not limited to, dead, decayed, diseased, or hazardous trees that pose a fire or other hazard to the public right-of-way and/or to public property, as determined by the Chief of Planning.

Nothing in this section shall relieve the owner or occupant of private property from the duty to keep any tree or other vegetation on their property, or within the public right-of-way or easement adjacent to their property, in a safe condition.

(Ord. 2025, § 2)

a. Any of the following native trees having a trunk or main stem which measures ten (10) inches or greater in diameter measured four and one-half (4½) feet above natural grade or, for a multiple trunked tree, a combination of trunks totaling twenty (20) inches or greater in diameter measured four and one-half (4½) feet above natural grade, on any type of lot or property:

1. Coast Live Oak (Quercus Agrfolia)

2. Valley Oak (Quercus Lobata)

3. Canyon Live Oak (Quercus Chrysol)

4. Blue Oak (Quercus Doulgassi)

5. California Black Oak (Quercus Kelloggi)

6. Interior Live Oak (Quercus Wislizenii)

7. White Alder (Alnus Rhombifolia)

8. California Bay (Umbellularia California)

9. California Buckeye (Aesculus Californica)

10. California Sycamore (Platanus Racemosa)

11. Madrone (Arbutus Menziesii)

12. London Plane Tree (Platanus Acerifolia)

• b. Any heritage tree.

c. Any memorial tree established through the Town memorial tree program.

d. A tree shown to be preserved on an approved development plan or specifically required by the Planning Commission to be retained as a condition of approval of an entitlement. A tree specifically required to be preserved by the Planning Commission shall require a subsequent Planning Commission approval for removal.

e. A tree required to be planted as mitigation for the removal of a protected tree, as established under subsection 32-79.8.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

a. Permit required. Except as provided in paragraph c of this subsection, no person may destroy or remove a protected tree on any property within the Town of Danville without obtaining a tree removal permit from the Planning Division prior to removal.

b. Permit with waived fee. A tree removal permit is required pursuant to subsection 32-79.6, but the application fee shall be waived under each of the following circumstances:

1. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

2. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity.

3. Any dead or dying tree in very poor condition may be removed if the applicant has submitted sufficient evidence to the Planning Division, attesting that the tree is dead or dying. Tree death caused by the property owner, applicant, or other party do not qualify for this exception.

c. Exceptions. An exception to the requirements of this subsection may be granted under the following circumstances:

1. If the condition of a protected tree presents an immediate hazard to life or property, it may be removed without a permit. However, subsequent to the removal, the property owner shall obtain a tree removal permit from the Town. The property owner may be required to provide evidence to the Town regarding the condition of the tree which necessitated its immediate removal.

2. A tree whose removal was specifically approved as part of a previously approved development entitlement.

3. The routine maintenance of a protected tree shall not require a permit. Routine maintenance which, in the opinion of the Chief of Planning, deviates from the definition of routine maintenance contained within this section shall be subject to fines and penalties as provided in subsection 32-79.13 of this section.

4. A street tree removed by the Town which is damaging public improvements or must be removed to accommodate public improvements.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

a. An application for a tree removal permit shall be submitted to the Planning Division, together with an applicable fee unless waived pursuant to subsection 32-79.5.b. The application shall be accompanied by the following information:

1. The applicant or property owner’s name, address, and telephone number;

2. The name of the company, or individual to remove the tree(s), their address, phone number and business license number;

3. Specific reasons for requesting removal of tree(s); and

4. A site plan showing the size and location of subject tree(s) in relation to other tree(s) and structure(s) within the property site with measurements.

b. When an application for tree removal is submitted in conjunction with a major or minor development project, a detailed site plan shall be submitted for review. This plan must show the location, species and size (trunk diameter at four and onehalf (4½) feet above natural grade) of all existing trees, along with accurate survey and contours. The plan should also include the extent of tree driplines for all trees that are to be removed and those to be preserved on the development site, in relation to the location of all existing and proposed structures and improvements on the property.

c. A tree report shall be submitted as part of the tree removal permit if determined necessary by the Chief of Planning. The adequacy of the tree report shall be subject to determination by the Chief of Planning.

d. The Planning Division shall review the information submitted and may request additional documentation as determined necessary by the Chief of Planning.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

a. Time of decision. The Planning Division shall render a decision regarding the permit within fifteen (15) working days after the filing of a complete application. If an application is being jointly considered with any other application for a development entitlement, then the decision on the tree removal permit shall be rendered simultaneously with a decision on the development entitlement application.

b. Criteria. In order to issue a tree removal permit, the Town shall consider the following criteria:

1. The condition of the tree(s) with respect to its health and imminent danger of falling, resulting in a hazard and a threat to life and property.

2. That the tree is causing damage to improvements on a property, such as roots growing into the foundation area of structures, public sidewalks, curbs or gutters, or utilities. Damage caused to fencing or irrigation systems will not generally be deemed as sufficient cause for removal of a tree;

3. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or development of the property, such as construction of a new residence, additions to a residence, and construction of accessory dwelling units or accessory structures, including swimming pools. However, the applicant will need to demonstrate that there are no reasonable alternatives to the development design that could avoid the removal of the tree(s);

4. The age and/or size of the protected tree with regard to the appropriateness of the size of the area in which the tree is planted and whether its removal would encourage healthier, more vigorous growth of other plant material in the area;

5. The necessity to remove the tree(s) due to its close proximity to the residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency. The applicant must provide the Town with evidence of such notices;

6. The effect of the removal of the tree upon soil erosion or whether its removal will result in a significant diversion or increase in the flow of surface water;

7. The number, species, size and location of other protected trees in the area and the effect their removal will have upon shade, privacy between properties, and scenic beauty of the area;

8. Possible visual impacts within a Town-identified major ridgeline or scenic hillside area created as a result of the tree removal;

9. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity. The applicant must provide the Town with an evaluation evidence from the solar provider.

c. If none of the above criteria are satisfied, the Planning Commission may authorize removal if it finds that, due to the location of the tree on the property and its orientation as it related to the residence on the property and/or actively used yard areas, the tree is unreasonably adversely impacting the property owner’s enjoyment and/or use of the property.

d. Additional recommendations. The Chief of Planning may refer any tree removal application to the Planning Commission for review and action. Upon such referral, the timeline for action established under paragraph a of this subsection shall automatically increase to forty-five (45) days unless connected to another development application, in which case the request shall be considered jointly with that application.

e. Decision and mitigation measures. The Planning Division shall either grant or deny the application, or grant the application with conditions of approval intended to help mitigate the removal of the tree(s). Where mitigation is determined to be necessary, the Town may require the planting of on-site or off-site replacement trees, their location and species to be

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

determined by the Town.

a. For trees located on property associated with a major development project, the tree replacement ratio is one (1) fifteen (15)-gallon tree for each two (2) inches of the total trunk diameter of the protected tree(s) removed or destroyed, rounded up to the next whole number if the tree diameter(s) is above one-half (0.5) inch.

b. For each protected tree that is removed or destroyed on property associated with a minor development or not associated with any development project, the following replacement ratios shall apply:

1. For trees less than twenty (20) inches in trunk diameter, one (1) replacement tree of at least fifteen (15)-gallon container size.

2. For trees twenty (20) inches or greater in trunk diameter, two (2) replacement trees of at least fifteen (15)-gallon container size.

c. The Town may adjust the replacement ratios mentioned in paragraphs a. and b. of this subsection or apply a different ratio, subject to the special circumstances and site characteristics of the development property and related to the mitigation requirement found appropriate based on an arborist report or environmental study.

d. Species. Replacement trees shall be in the same genus or species as the removed or destroyed tree, or selected from the list of the Town’s native tree species listed in subsection 32-79.4.a.

e. Location. Replacement trees shall be planted on the same property where the tree(s) that was removed or destroyed was located unless otherwise approved by the Town. Replacement trees shall not be planted within five (5) feet of an existing or proposed building or attached structure. For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

f. Off-site tree mitigation fee. If the Town finds that it is not feasible or desirable to plant any or all replacement trees onsite, the Town may accept an off-site mitigation fee. For off-site mitigation, a fifteen (15)-gallon replacement tree shall be considered to have a two (2)-inch diameter, and a twenty-four (24)-inch box tree shall be considered to have a four (4)-inch diameter. The mitigation fee shall be equal to the cost of the total trees required at the current wholesale cost of the trees, as determined by the Chief of Planning.

• g. No replacement tree planting shall be required if:

1. The removal of a tree is exempt from the requirement for a tree removal permit, pursuant to subsection 32-79.5.c.

2. The age and/or location of the tree which led to the death of the tree at no fault of the property owner.

3. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

h. Timing. Replacement trees shall be planted within sixty (60) days of completion of the development project. Proof of the planting of replacement trees shall be provided to the Planning Division within thirty (30) days of planting.

(Ord. 2025-03, § 2)

A person aggrieved by the decision of the Planning Division may appeal to the Planning Commission, or aggrieved by the decision of the Planning Commission may appeal to the Town Council, by paying the appeal fee to the Town and filing a written notice of appeal, setting forth specific grounds for the appeal, with the City Clerk within ten (10) calendar days after the determination of the Planning Division or Planning Commission.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

A person who wishes to sponsor a memorial tree planted on public property may file an application with the Town’s Maintenance Services Department. The application shall contain the following information:

• a. Name of the person for whom the tree is to be planted.

• b. Species of tree preferred.

• c. Desired location of planting.

• (Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

32-79.11 Tree Protection During Development.

a. Applicability. This subsection applies to minor development projects which would occur within the dripline of one (1) or more protected tree(s).

b. The applicant shall comply with the following requirements:

1. The building permit site plan shall show the location of protective fencing. Before the start of construction, the applicant shall install fencing per the building plans around the perimeter of the dripline, or other areas identified in an arborist report. The Town will inspect and approve the fencing and its location before the issuance of a building or grading permit.

2. No construction activity, parking of vehicles, storage of building materials, placement of equipment, or stockpiling of earth may occur within the fenced area. In addition, the developer shall follow all best practices for tree preservation, such as not compacting the soil in the tree protection zone, hand cutting of any roots encountered during excavation, avoidance of cutting any main lateral or buttress roots, not allowing any exposed tree roots to dry out prior to backfilling with soil, tunneling under roots if necessary for the installation of utilities, avoidance of any grade change or change in drainage patterns around the tree, tree pruning if found necessary by the project arborist. The Town may require an arborist’s report be prepared to specify additional specific mitigation measures, and to be present to observe the construction and prepare a report identifying further requirements for tree protection.

3. The Town may halt construction if it is observed that the applicant is not protecting the tree(s) as required by this subsection. The applicant shall pay the costs of an arborist’s supervision or observation, if required.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

a. Applicability. This subsection only applies to major development projects with construction or improvement work that would occur within the dripline of one (1) or more protected tree(s).

b. Security. Before issuance of a demolition, grading, or building permit:

1. Where construction or improvement work is proposed within the dripline of one (1) or more protected tree(s), the property owner or developer shall submit a security to the Chief of Planning on a per-tree basis. The required security shall be established as follows:

(a) The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the “Guide for

Establishing Values of Trees and Other Plants,” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a certified arborist and shall be subject to review and approval by the Chief of Planning.

(b) If the appraised value of the tree(s) is fifty thousand dollars ($50,000) or less, the applicant shall deposit with the Town a cash security, letter of credit, or other security found to be acceptable by the Chief of Planning, equal to the value of each tree required to be appraised, for the purpose of securing and guaranteeing the applicant’s obligations under paragraph c of this subsection. If the appraised value of the tree(s) is over fifty thousand dollars ($50,000), the applicant shall deposit with the Town a cash security, or other security found to be acceptable by the Chief of Planning, equal to fifty thousand dollars ($50,000), plus one-half (½) of any amount between fifty thousand dollars ($50,000) and one hundred thousand dollars ($100,000), plus one quarter (¼) of any amount between one hundred thousand dollars ($100,000) and one hundred fifty thousand dollars ($150,000), plus one tenth (1/10) of any amount in excess of one hundred fifty thousand dollars ($150,000).

(c) The Town shall retain the security until the termination of the guarantee periods required under this section. Any funds remaining on deposit at the expiration of the guarantee period, and after all of the developer’s or property owner’s obligations under this section have been satisfied, shall be

1. Guarantee the health of each protected tree on the site that is not approved for removal from the date of the Town’s finalizing of the permit associated with the last construction activity which endangered the tree until the completion of at least two (2) full growing seasons after the completion of the construction activity;

2. Replace a protected tree(s) that dies during the guarantee period, as a result of damage caused by the development, with a tree(s) of a species approved by the Town, of a cumulative number and trunk diameter which equals the total trunk diameter of the tree(s) that died. The developer or property owner shall also be required to install and maintain irrigation (as determined necessary by the Chief of Planning) for the replacement tree(s) until the tree(s) are established;

3. Relocate and maintain during construction any tree identified for temporary stockpiling. During the period of time such trees are stockpiled, they shall be maintained by a licensed nurseryman;

4. Replace any stockpiled tree(s) that dies during the guarantee period with a tree(s) of the same species with a cumulative trunk diameter equal or greater than the total trunk diameter of the tree(s) which died;

• 5, Notify the Chief of Planning of any damage that occurs to a protected tree(s) during construction so that

professionally acceptable methods of treatment may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the Chief of Planning. Failure to notify the Chief of Planning and/or to administer acceptable methods of treatment may result in the issuance of a stop-work order for any permit associated with the project development activity. If determined necessary by the Chief of Planning, the Town may utilize security funds submitted as part of the development to retain a qualified third-party arborist to review the tree(s) and have any necessary mitigation performed on the tree(s).

6. In addition to replacing a guaranteed tree(s), upon determination by the Chief of Planning that a guaranteed tree has died through the fault of the applicant, pay to the Town a civil penalty in accordance with subsection 32-79.13.b., above.

7. A tree shall be presumed to have died through the fault of the applicant unless the applicant can prove to the Town that the tree died for reasons beyond the applicant’s control or, in the case of stockpiled trees, the applicant used reasonable care to maintain the tree. In addition to such penalty, whenever the cost of replacing a tree(s) for which a civil penalty is levied is less than the appraised value of the tree(s), the applicant shall also pay the Town the difference between that appraised value and the cost of the replacement tree(s). The applicant's verified receipt for the cost of the replacement tree(s) shall be conclusive proof of the cost. If the applicant chooses not to submit such receipt within ten (10) days following replacement of the tree(s), then the Chief of Planning shall determine the value of the replacement tree.

8. Use of penalties collected. Penalties collected under this section shall be used as follows, as found appropriate by the Chief of Planning:

   • (a) To upgrade street trees along nearby public streets.

   • (b) To beautify or enhance public places, including parks and open spaces, within the Town.

   • (c) To beautify or enhance the site where the tree removal occurred.

• (Ord. 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

a. Criminal penalties. Any person, including, but not limited to, the property owner, the person performing the work, and/or any other responsible person, who willfully violates any provision of this section, or any condition established as part of any permit issued hereunder, shall be guilty of a misdemeanor subject to penalties prescribed in subsection 1-5.3 of this code.

b. Civil penalties. Any person, including, but not limited to, the property owner, the person performing the work, and/or any other responsible person, who violates any provision of this section, or any condition established as part of any permit issued hereunder, shall be liable to the Town for a civil penalty of three (3) times the value of the tree. For purposes of calculating the value of the tree(s), the then-current edition of the “Guide for Establishing Values of Trees and Other Plants” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture shall be used. The Town’s use of penalties collected shall be as established under subsection 32-79.12.c.8. c. Cumulative remedies. The foregoing remedies shall be deemed nonexclusive, cumulative, and in addition to any other remedy the Town may have at law or in equity, including, but not limited to, injunctive relief to prevent violation of this section.

d. Appeals. A person aggrieved of an administrative action may appeal the action as specified under Section 1-8 this code.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)