Larkspur Municipal Code Ch. 12.16 Trees, Including Heritage Trees

Sections: 12.16.005 Purpose. 12.16.010 Definitions. 12.16.020 Trees – Planting – Right-of-Way. 12.16.030 Trees – Planting – Private Property. 12.16.040 Trees – Native. 12.16.050 Trees – Removal from City Right-of-Way. 12.16.060 Removal or Other Actions Which Severely Endanger Heritage Trees Are Prohibited. 12.16.070 Procedure for Removal of Heritage Tree(s). 12.16.080 Penalties for Illegal Removal. 12.16.090 Nonapplicability – Public Utilities. 12.16.100 Street, Utility or Sidewalk Hazard Deemed a Nuisance.

The City of Larkspur values its environment. The mature trees of the community are a part of the City’s heritage and add to the quality of life valued by our residents. Native trees such as redwood, oak and madrone are especially important to the community. As a result, the City protects the environment by restricting and regulating the removal and/or excessive pruning of mature or “heritage” trees. (Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 772 § 2 (part), 1988)

As used in this chapter, the terms below shall be defined as follows:

“City Arborist” means any qualified arborist chosen by the City.

“City Manager” means the City Manager or their designee. Such designee may not be affiliated with any tree company involved in the project.

“Fire Code Official” means the Fire Chief or other designated authority charged with the administration and enforcement of the code, or a duly authorized representative. (Reference 2019 CFC Section 202.)

“Fire-prone tree” means any tree of the species known as acacia trees (any acacia over fifty (50) feet in height), arborvitae, California bay, bishop pine, cedars, Coulter pine, cypress, Douglas fir, eucalyptus species (blue gum and red gum), false cypress, gray pine, junipers, knobcone pine, larch trees, Monterey pine, Scots pine, spruces, Torrey pine, and yew.

“Heritage tree” means either of the following: (1) a live tree or grove of live trees of historical significance specifically designated by official action of the City Council; or (2) any live tree which has a trunk with a circumference of fifty (50) inches or more, measured at twenty-four (24) inches above the natural grade, or at a point twenty-four (24) inches above the highest grade. The measurement producing the greatest circumference shall be used. In the case of multi-trunk trees, the circumference of each trunk is to be measured in the manner previously described, and the circumference of each trunk is to be added to ascertain the total circumference of the tree.

“Master Tree List” means the current list as approved by resolution of the City Council.

“Person” means, for purposes of this chapter, a property owner, arborist, or tree contractor.

“Qualified arborist” means any arborist certified by and in good standing with the International Society of Arboriculture. (Ord. 1062 § 14, 2022; Ord. 1043 § 16, 2020; Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 833 § 1 (part), 1992; Ord. 780 § 1 (part), 1989; Ord. 772 § 2 (part), 1988. Formerly 12.16.010, 12.16.050)

A. Authorized Trees. The Master Tree List shall be used to select trees when trees are planted on any City right-of- way, unless an alternate tree is approved by a City Arborist to be suitable with soil conditions, climate and proposed location.

B. Encroachment Permit Required. An encroachment permit, as defined elsewhere in this code, is required prior to planting any tree in the public right-of-way. (Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 772 § 2 (part), 1988)

The Master Tree List shall be used as a guide when trees are planted on private property. (Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 772 § 2 (part), 1988)

The planting of native trees indigenous to the Bay Area, as identified on the Master Tree List, is encouraged. (Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 772 § 2 (part), 1988)

The City Manager or other responsible City official may authorize removal of trees that constitute an immediate hazard in the public right-of-way. (Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 772 § 2 (part), 1988. Formerly 12.16.060)

Trees Are Prohibited.

A. The removal of a heritage tree or pruning beyond the “best practices” pruning guidelines promulgated by the International Society of Arboriculture or the American National Standards Institute is prohibited except as provided in this chapter.

B. Any other action which materially changes the physical circumstances relating to a heritage tree is prohibited.

C. When construction occurs within the drip line of a heritage tree, and when a building permit is required, staff may require actions to be taken to protect the tree. (Ord. 1069 § 6, 2023; Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 833 § 1 (part), 1992; Ord. 772 § 2 (part), 1988. Formerly 12.16.070)

A. Permit Required. It is unlawful for any person to remove, or cause to be removed, any heritage tree from any parcel of property without obtaining a permit as defined herein.

B. When a tree poses an immediate hazard or is dangerous to life or property, it may be authorized to be removed without a permit by order of the City Manager or other responsible City official.

C. Permit. Any person desiring to remove one or more heritage trees or prune beyond the “best practices” pruning guidelines promulgated by the International Society of Arboriculture or the American National Standards Institute shall apply to the City Manager or their designee or Planning Department, as appropriate, for a permit.

D. Application and Fee. The application for a permit shall be made on forms provided and shall state the reason for removal of each tree and other information as may be required. A plan shall be submitted showing the perimeter outline of adjacent buildings or proposed buildings and the type, number and location of the tree(s) to be removed. The fee shall be established by resolution of the City Council.

E. Report by Qualified Arborist. A report and recommendation from a qualified arborist shall be provided unless exempted by the City Manager.

The applicant shall bear all expenses in conjunction with said report. A City Arborist will monitor permitted removals and trimmings when necessary to ensure protection of the subject heritage tree(s) or adjacent tree(s). If required by the City, the applicant shall bear the cost for the City Arborist to monitor all permitted removals and trimmings.

F. Findings. After reviewing the appropriate application, the City Manager or Planning Commission shall:

1. Make both of the following findings before approving the permit:

a. The removal of the tree will not adversely affect the topography of the land or cause significant
erosion or increase flow of surface water; and

b. Removal of the tree, after consideration was given to the number of existing trees in the
neighborhood, will not adversely affect the general health, safety and welfare or be detrimental to
persons or property in the vicinity.

2. In addition to the two (2) above findings, one of the following findings shall be made before approving
the permit:

a. The condition of the tree poses a hazard with respect to disease, danger of falling, proximity to
existing or proposed structures and/or interference with utility services; or

b. Removal of the tree is necessary to prevent unreasonable interference with the property owner’s investment-backed expectations. In making that determination, the decision-maker shall consider the following factors: (i) the history of the property, including date of purchase and nature of title; (ii) history of development of the property, including what was built on the property, by whom, and when; (iii) the history of heritage tree regulation in the City, including but not limited to the date of first enactment of the regulations relative to the owner’s acquisition of the property; (iv) the present nature of development and use of the property; (v) the reasonable expectations of the property owner for use of the property; (vi) the reasonable expectations of neighbors in regards to preservation of heritage trees on the property; and (vii) the effect of denial on the property owner’s reasonable expectations, if any.

G. Planning Commission Permit. Any person desiring to remove one or more heritage trees due to proposed construction shall apply for a permit from the Planning Commission. The Planning Commission may require replacement trees in a reasonable number depending on the type and size of the tree(s) removed and the recommendations of a qualified arborist.

H. Permits issued under this section shall be valid for twelve (12) months. One permit extension of six (6) months may be authorized by the City Manager.

I. Notification. If the City Manager determines that a permit should be approved and has made the necessary findings outlined herein, notices shall be sent to all property owners within three hundred (300) feet of the subject property using names and addresses appearing on the latest adopted Assessor’s roll of the county, indicating that a permit will be issued for the removal of the heritage tree unless a written protest is received by the City within fifteen (15) days of the date of the notice. The City Manager shall also post a notice on the subject heritage tree or by using some other marking to readily identify the affected tree to interested parties and to maximize the visibility of the notice.

J. Public Hearing Before the Planning Commission. In the event that a written protest is submitted to the City within the time limits prescribed in subsection (I) of this section, or if a property owner wishes to appeal the City Manager’s decision to deny a permit, a public hearing shall be set before the Planning Commission and the following procedures shall be followed:

1. A notice of the public hearing is to be given by mail at least ten (10) days prior to the date of the hearing to all property owners within three hundred (300) feet of the subject property using names and addresses appearing on the latest adopted Assessor’s roll of the county.

2. The notice shall indicate that written public comments are to be submitted concerning the proposal prior to the public hearing, if possible.

3. A notice of the hearing shall be posted on the subject heritage tree or by using some other marking to readily identify the affected tree to interested parties.

   4. The Planning Commission shall review the application and shall make the same findings as required of the City Manager as established in subsection (F) of this section. Any decision rendered by the Planning Commission may be appealed within fifteen (15) days.

   5. The Planning Commission may establish conditions of approval for the permit based on the same standards outlined in subsection (F) of this section.

K. Process for Removal of Fire-Prone Trees. An application shall be made on the forms provided. The tree permit fee shall be waived for the removal of fire-prone trees. Upon investigation and verification by the Fire Code Official that the fire-prone trees are deemed to be a fire hazard, the permit shall be granted by the City Manager and no further procedures under this chapter are applicable.

L. No tree with fire-prone properties as defined in this code shall be planted in a high fire hazard zone area as specified in this code.

M. Process for the Removal of Diseased Oak Trees. Upon receipt of a permit application for the removal of a diseased oak tree, staff will confirm that a report from a qualified arborist is attached, which substantiates that the tree is affected with the disease termed Sudden Oak Death Syndrome. Staff will conduct a site inspection to verify the findings of the report and confirm that the tree is dead or significantly affected. If the findings are confirmed, staff will issue the permit for the removal by a qualified tree contractor. No public notification or hearing is required. (Ord. 1069 § 8, 2023; Ord. 1062 § 14, 2022; Ord. 1043 § 16, 2020; Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 833 § 1 (part), 1992; Ord. 780 § 1 (part), 1989; Ord. 772 § 2 (part), 1988. Formerly 12.16.080)

A. Any person who unlawfully removes, destroys or damages a heritage tree shall pay a penalty equal to twice the amount of the appraised value of the tree. A City Arborist shall estimate the appraised value of the removed, destroyed, or damaged tree(s) prior to the damage, destruction or removal in accordance with industry standards, including but not limited to the most recent edition of the “Guide for Plant Appraisal” published by the Council of Tree and Landscape Appraisers. The penalty shall include the City’s costs incurred in performing the appraisal.

B. Any person violating any portion of this chapter that results in the loss of a heritage tree shall be required to replace said tree with a new tree and/or additional plantings of the same species. The City Manager shall determine the size and location of replacement tree(s). The City Manager may refer to the recommendation of a City Arborist.

C. A violation of this chapter is a public nuisance subject to abatement under Larkspur Municipal Code Section 9.24.030, and a misdemeanor punishable pursuant to Larkspur Municipal Code Section 10.76.010. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of a violation of this chapter. In any civil action brought pursuant to this chapter in which the City prevails, the Court shall award to the City all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.

The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this title or any other law or ordinance. (Ord. 1069 § 11, 2023; Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 833 § 1 (part), 1992; Ord. 780 § 1 (part), 1989; Ord. 772 § 2 (part), 1988. Formerly 12.16.090)

This chapter shall not apply if the applicant is doing business as a public utility subject to the jurisdiction of the Public Utility Commission. In such case the City may issue a permit for one year to cut, prune or remove trees in the City, as may be necessary to comply with the safety regulations of said Commission, and as may be necessary to maintain the safe operation of its business. Such cutting, pruning or removal shall be performed under the supervision of a qualified arborist. Any trees subsequently lost by operations shall be replaced with trees of reasonable number and type as approved by the Public Works Director. Such permit is revocable at any time for cause shown by the City Manager. (Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998; Ord. 877 § 1 (part), 1996; Ord. 722 § 2, 1985. Formerly 12.16.100)

Any tree or shrub growing in a public planting strip or other right-of-way area, or on private property, which is endangering the security or usefulness of any public street, utility, or sidewalk, is a public nuisance. Upon ten (10) days’ written notice, the City may cause, in the absence of an emergency situation, to have the same to be removed or trimmed, or may require the owner of a property adjoining the affected right-of-way to remove or trim any such tree or other vegetation and further may direct the City Attorney, upon order of the City Council, to commence action or proceedings for the abatement and removal thereof in the manner provided by law. (Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998. Formerly 12.16.110)

A tree, shrub or other vegetation which, in the opinion of the Public Works Director, constitutes a hazard to traffic through obstruction to visibility and movement along a public street is a public nuisance. Upon ten (10) days’ written notice, the City may cause, absent an emergency situation, to have such tree or other vegetation to be trimmed or removed and may commence proceedings for abatement as provided by law. (Ord. 1030 § 2(9), 2018; Ord. 968 § 1, 2010; Ord. 906 § 3 (part), 2001; Ord. 892 § 3 (part), 1998. Formerly 12.16.120)

The Larkspur Municipal Code is current through Ordinance 1096, passed February 4, 2026.

Disclaimer: The City Clerk’s office has the official version of the Larkspur Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

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