Chapter 17.24 — HERITAGE TREES

The City Council finds that: A. A guiding policy of the conservation element of Orinda's general plan is to preserve the city's unique trees;

B. A heritage tree is a valuable asset to the city and should be protected and preserved by reasonable regulations; C. This chapter is intended to ensure that the city will continue to realize the benefits provided by its tree resources, while recognizing the rights of individuals to develop property, maintain views and privacy, and protect against fire and other hazards. (Ord. 99-5 § 2 Exh. A (part))

In this chapter, unless the context otherwise requires: "Accepted arboricultural practice" means a practice recommended in current generally accepted textbooks and professional journals on arboriculture and tree care including but not limited to pruning standards published by the International Society of Arboriculture. "Destroy" means to kill or to take action that could foreseeably endanger the health or vigor of a tree, including but not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the dripline or protected perimeter of a tree. "Development project" is a project requiring a building or grading permit. "Diameter" means the distance across the tree from outside bark to outside bark measured at 4.5 feet above the natural grade of the tree. "Director" means the Planning Director or his/her designated representative. "Dripline" means the outermost edge of the tree's canopy. When depicted on a map, the dripline appears as an irregularly shaped circle that follows the contour of the tree's canopy as seen from above. "Heritage tree" means a tree designated by the City Council because of the tree's association with some person or event of historical significance or because of its exceptional size which exceeds fifteen (15) inches in diameter, its condition, or its aesthetic qualities. The city shall maintain a heritage tree map, upon which each heritage tree must be identified. Each heritage tree shall be identified on the tree's site with a permanent marker or other approved city sign. "Professional arborist" means a person certified as an arborist by the International Society of Arboriculture or a person who, as determined by the Director, is equally qualified in the field of arboriculture. "Protected perimeter" means the area around the tree within the dripline plus a ten-foot-wide strip of ground surrounding the dripline. "Pruning" means the selective removal of tree branches. "Remove" means to cut down a tree or relocate a tree.

"Thinning" means the selective removal of a tree's branches and is used interchangeably with "pruning." "Windowing" means to remove tree branches to permit view through the tree canopy. (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

A person may nominate a tree for designation by the City Council as a heritage tree. The City Council may seek a technical or professional evaluation of the proposed designation prior to taking action on the nomination. If the City Council approves the nominated tree and all the owners of property located within the dripline of the proposed heritage tree consent, the tree shall be officially registered by resolution, identified on the city's heritage tree map, and marked nearby with a sign. (Ord. 99-5 § 2 Exh. A (part); Ord. No. 22-02, § 2(Att. A.7), 9-6-22)

An applicant who desires to remove, destroy or prune a heritage tree is required to file an application on a form provided by the city. A. Application. The application shall contain the following information on the form provided by the Planning Director together with the fee fixed by resolution: 1. Each heritage tree to be altered, removed, destroyed or relocated; 2. Justification statement setting forth the reasons for proposed alteration, removal, relocation or destruction of a heritage tree; 3. Other pertinent information required by the Planning Director. B. Development Coordination. If a development project is proposed for the site, an application to remove, destroy or prune a heritage tree shall be submitted and reviewed concurrently with the building or grading permit application. C. Director Review. The Director shall inspect the tree and review the application. The Director may refer the application to another city department, board, commission or committee as considered appropriate and may require additional information considered necessary.

D. Director Evaluation. No heritage tree may be removed or destroyed unless it poses a hazard or would impose extreme hardship on the property owner. The Director shall make such determination and recommend approval or disapproval of the application to the City Council based on the following factors and guidelines: 1. The location and condition of the heritage tree with respect to disease, species, form, general health, public nuisance, danger of falling, proximity to existing structures and interference with utility services; 2. The effect of tree removal, destruction or alteration on shade, views, privacy, fire safety, historic or scenic beauty and the general welfare of city residents; 3. The topography of the land and the effect of tree removal on soil erosion and flow of surface water; 4. The number, species, size and location of other trees in the area; 5. Good urban forestry practice, including the collective health and vigor of trees in the neighborhood and the city; 6. The necessity for alteration, destruction, removal or relocation in order to construct a required improvement within a public right-of-way or to construct an improvement that allows reasonable economic enjoyment of private property; 7. The existence of any economical alternative to preserve the quality of the tree which led to its designation as a heritage tree, including but not limited to tree pruning, thinning, windowing and modification of building or grading plans. E. Conditions of Approval. The City Council may impose one or more of the following conditions of approval: 1. If the City Council finds that no reasonable alternative to maintain the heritage tree in its existing location is available, and if the integrity of the heritage designation can be maintained through relocation of the

heritage tree, then the City Council may require that the applicant move the tree to a suitable location on a site shown on the approved plans, or on such public property as may be approved by the City Council. 2. In the case of an application to prune, the applicant shall prune a heritage tree only under the on-site supervision of a professional arborist. 3. The applicant shall comply with the care requirements of Section 17.24.4(F). F. Care of a Heritage Tree. In order to protect each heritage tree on a site where grading or building is to take place, an applicant shall meet the following requirements when required by the City Council: 1. Before starting, the applicant shall securely fence off every heritage tree at the protected perimeter. The fence shall remain continuously in place for the duration of work undertaken in connection with the building or grading permit. The fenced area shall not be used as a storage area or altered or disturbed except as may be permitted by the Planning Director. 2. If the proposed development or work on-site encroaches upon the protected perimeter of a heritage tree, the applicant shall take special measures, as approved by the Director, to allow tree roots to obtain oxygen, water and nutrients as needed. 3. An authorized excavation, filling or compaction of the existing ground surface within the protected perimeter of a tree shall be minimized and subject to such reasonable conditions as may be imposed by the Director. 4. No significant change in existing ground level shall be made within the dripline of a heritage tree. 5. No burning or use of equipment with an open flame shall occur near or within the protected perimeter. 6. All brush, earth and debris shall be removed in a manner that prevents injury to the tree. 7.

No oil, gas, chemical or other substance that may be harmful to a tree shall be stored or dumped within the protected perimeter of a heritage tree or at any other location on the site from which such substances might enter the protected perimeter of the tree. 8. Trenching for utilities shall avoid interfering with roots of a heritage tree wherever possible. If complete avoidance of the root zone is impractical, a tunnel shall be made below the roots. A trench shall be consolidated to serve as many units as possible. Trenching and tunneling within the protected perimeter shall be avoided to the extent possible and shall be done only under the on-site supervision of a professional arborist. 9. No concrete, asphalt or other impervious paving shall be placed within the protected perimeter of a heritage tree. No supplementary irrigation shall occur within the protected perimeter of a native oak. G. Expiration of Permit. A permit issued in conjunction with a building or grading permit is valid for the same period as the building or grading permit. Other permits are valid for sixty (60) days from date of issuance unless a longer period is stated in the permit. If the applicant does not begin work before the expiration date, the permit is void. Once work authorized by a permit is begun, it shall be expeditiously pursued to completion. (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

A permit is not required: A. When pruning is necessary either to prevent interference with or to maintain a public utility facility; however, such pruning shall conform to accepted arboricultural procedures; B. When a hazardous or dangerous condition requires immediate action to protect life or property; C. Under emergency conditions when ordered by a fire official, the Public Works Director, Parks and Recreation Director or City Manager; D. For a city project on city property or for a city project within the public right-of-way; provided, that the removal, destruction or pruning of the heritage tree is approved by the City Council.

(Ord. 99-5 § 2 Exh. A (part))

Nothing in this chapter imposes liability upon the city or upon its officers or employees or relieves the owner or occupant of private property from the duty to safeguard a heritage tree on that private property. (Ord. 99-5 § 2 Exh. A (part))