Moraga Municipal Code Art. 2 Removal of Trees

A person who desires to cut down, destroy or remove a native tree, orchard tree or trees or a tree of historic significance, located either on public or private property, shall file an application with the planning director on a form prescribed by him. In granting a permit, the planning director may impose reasonable conditions to insure compliance for the purpose of this chapter. If the planning director denies the permit, the basis for denial shall be specified.

Exemptions to permit requirements of this section and Section 12.12.020:

A. The removal of a general tree located on residentially zoned property;

B. The removal of a tree located five feet or closer to a structure;

C. The removal of a tree located within the public right-of-way and deemed to be a hazard by the public works director or town manager.

(Prior code § 12-1011)

(Ord. 182 § 2 (part), 2000; Ord. No. 256, § 1, 10-14-2015)

In determining whether to issue a permit for removal, the planning director shall base the decision upon the following:

A. The condition of the tree with respect to disease, general health, existing damage, whether or not the condition is a public nuisance, danger of falling, proximity to existing or proposed structures and interference with utility service or other facilities;

B. Whether or not the tree acts as a host for a plant which is parasitic to another species of tree, which is in danger of being exterminated by the parasite;

C. Whether the removal is consistent with good forestry practices;

D. The species of the tree;

E. The effect the removal will have on erosion, soil retention, and the diversion or increased flow of surface water;

F. On the basis of a review of the neighborhood, the planning director shall determine the neighborhood standards in existence, as well as, the density and distribution of trees, and the effect of such removal on the neighborhood standards.

The planning director may require an arborist report if the health and/or safety of a tree is in question.

(Ord. 182 § 2 (part), 2000: prior code § 12-1012)

If on recommendation of the planning director, parks and recreation director and/or public works director, the town manager believes that a tree is in such a hazardous, dangerous or diseased condition so as to constitute a present threat to the safety of persons or structures, the town manager may take immediate action to cause removal of the tree, at the owner's expense.

In case of emergency caused by a tree being in a hazardous, dangerous or diseased condition requiring immediate action for the safety of structures or human life, such tree may be removed on the oral permission of the town manager or the staff person designated by the town manager, without formal application.

(Ord. No. 256, § 2, 10-14-2015)

Editor's note— Ord. No. 256, § 2, adopted Oct. 14, 2015, amended § 12.12.050 in its entirety to read as herein set out. Former § 12.12.050 pertained to similar subject matter, and derived from prior code § 12-1011; Ord. No. 182, § 2(part), 2000.