Moraga Municipal Code Art. 1 General Provisions

The town council finds and declares that:

A. Moraga has developed in significant measure because of its scenic beauty, which greatly increases the quality of life in the area;

B. The trees in Moraga contribute immeasurably to the scenic beauty and thereby to the quality of life;

C. The quality of life of the town is a major reason for the growth of the local economy, and is essential to the continued health of the economy, including the maintenance of property values;

D. The general welfare of the town depends in large part upon a healthy economy, including maintaining property values;

E. In addition to being essential to the scenic beauty, quality of life, and health of the economy, trees are an important factor in preserving the public health and safety because they help maintain the delicate ecological balance essential to a quality environment because trees:

1. Reduce erosion and flood hazard,

2. Provide aeration of the soil,

3. Moderate extreme temperatures, wind velocity, and provide shade,

4. Increase oxygen replacement, which is needed to combat air pollution and sustain life,

5. Provide habitat for birds and animals which birds and animals help maintain the precarious balance between species by controlling rodents and insect populations,

6. Provide a source of natural food;

F. Species, which are native to the area, are considered to be especially valuable.

The town council recognizes the importance of planting trees, preserving trees and controlling destruction of trees, and finds and declares that the haphazard planting, lack of proper preservation, or destruction of trees may threaten the scenic beauty, quality of life, and local economy (including property values) and, ultimately, may have significant adverse effect on the general welfare, and that such haphazard planting, lack of proper preservation, or destruction of trees may also threaten the delicate ecological balance essential to the health and safety of the public.

For these reasons the council finds that in order to promote the public health, safety and general welfare of the town, while at the same time recognizing individual rights to develop private property in a manner which will not be prejudiced to the public interest, it is necessary to enact regulations classifying and controlling the removal and the preservation of trees within the town.

(Ord. 182 § 2 (part), 2000: prior code § 12-1001)

"Trees," for the purpose of this chapter, are defined as live woody plants having a single trunk diameter of five inches or more measured three feet above the natural grade or, if having multiple trunks, a total perimeter of forty (40) inches or more measured three feet above the natural grade. There are established four classes of trees: general, native, orchard and trees of historic significance.

A. A general tree is a tree other than a native tree, an orchard tree or tree of historic significance.

B. A native tree is a tree, which is native to California and indigenous to the Moraga area, the most common being the bay, oak, redwood, toyan and the knobcone pine.

C. An orchard tree or trees are fruit or nut trees planted for commercial agricultural purposes.

D. A tree of historic significance as a tree having historic value related to the heritage of the town and designated by action of the town council.

(Ord. 182 § 2 (part), 2000: prior code § 12-1002)