Division 19.39 — WOODLAND AND TREE PRESERVATION

The following provisions are intended to promote:

A.

The conservation of native trees, forests and woodlands on private lands, and on both public and private lands during development; and

B.

The regeneration of forest or woodland on agricultural lands that were formerly forest or woodland, or have the potential for supporting forest or woodlands, in lieu of secondary development to residential or commercial use.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The provisions of this Section shall apply to all proposed development and new land uses on properties with native tree, forest or woodland resources, as determined by the Director.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The land use permit application for any project that is subject to the provisions of this Section shall include the following information in addition to the information and materials required by Division 19.40 (Permit Application Filing and Processing):

A.

Tree Inventory. A site plan showing the locations and types of all existing trees more than three inches in diameter, and noting which trees are proposed to be removed.

B.

Woodland Conservation and Management Plan. A Woodland Conservation and Management Plan shall be provided, prepared by a qualified forest management professional based on the following principles, and shall comply with the standards in Section 19.39.040.

Preservation of stands or groups of native trees are given priority over individual specimens, provided that heritage and specimen trees shall be protected whenever feasible.

Representative species and age diversity (including ratios of age class populations within each represented species) shall be promoted.

Activities that fragment the forest or woodland into small units shall be minimized or restricted.

Components of forest and woodlands other than trees shall be considered in the plan, including lower story shrubs and grasses, all forms of animal life, soil conditions, and microclimate, including drainage, air and water quality, restrictions on human and domestic animal activity or any other activity that could potentially degrade the forest or woodland.

Ecotones and habitat gradients (for example, woodlands to grasslands or wetlands or baylands) shall be preserved and buffered with preserved habitats on each side of the ecotone or habitat gradient.

Linkages and corridors shall be provided between forest areas, and other habitat areas and types on-site, and in similar fashion protect and sustain the natural use and movement of regional and migratory wildlife through and over the site. Linkages and corridors shall have a width of 300 feet where possible.

Provide for the sustainable regeneration of the native woodland through natural processes and, where appropriate, through human intervention.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Proposed development that is subject to the provisions of this Section shall be designed and constructed in compliance with the following requirements, except where other mitigation measures are required through project review under the California Environmental Quality Act.

A.

Tree removal shall be avoided by design where possible.

B.

A minimum of 75 percent of existing native trees shall be retained, with optimal and sustainable levels of vegetation age and species diversity.

C.

A minimum of 25 percent of retained native trees shall be in contiguous patches of undisturbed functional forest/canopy as wildlife preserve (minimum patch size and other constraints shall be determined through the environmental review process).

D.

Major acorn, nut, fruit, flower, and food producing trees shall be preserved and protected when possible.

E.

Trees adjacent to riparian corridors, wetlands or seasonal wetlands shall be protected and preserved within buffer zones determined in compliance with Divisions 19.35 (Waterway and Riparian Protection), and 19.36 (Wetland Protection and Restoration).

F.

A mix of snag, dead, and downed material shall be retained in proportion to the natural proportions on the site to provide for habitat diversity.

G.

Where feasible, project design shall provide for on-site tree retention and restoration such that there will be no net loss of trees after project completion. On-site mitigation for resource alteration or removal is preferred to off-site mitigation. Off-site mitigation sites must be within the Novato watershed area as defined by the City's Stream Management Guidelines. Mitigation/replacement ratios shall be determined through analysis of the likelihood of successful replanting as evidenced by soil, hydrologic, irrigation, and other physical and land use conditions, but shall be (dependent upon species, as determined by the Review Authority) not less than 3:1. Plantings shall be from stock generated from on-site resources or local gene pools for each species replanted.

H.

Any project subject to the requirements of this Division shall include a plan for long-term management and maintenance along with a specified funding mechanism. Long-term maintenance and management plans shall include annual inspections and provisions to replace trees or incorporate other protective measures (i.e., browse protection, perimeter fencing, irrigation repair, etc.) as necessary to meet the objectives of the adopted mitigation plan.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)