§ 17.21.5. Permit Category II—Protected trees on property involving a development application project.

A.

Permit Required. A person applying for a building or grading permit, or an application which may subsequently require a building or grading permit, on a lot with a protected tree shall concurrently apply for a tree permit if construction related activity may remove or destroy a protected tree.

B.

Application. The application shall contain the following information on the form provided by the Planning Department together with the fee fixed by resolution of the City Council:

1.

A site plan map showing all stands of all native riparian trees and all protected trees on the property by trunk location and diameter, tree species and an accurate outline of each tree's dripline. The site plan shall indicate each riparian and protected tree to be altered, removed, destroyed or relocated and each tree to be protected.

2.

Justification statement setting forth the reason for proposed alteration, removal, relocation or destruction of any protected tree.

3.

Other pertinent information required by the Director.

C.

Development Coordination. The application shall be reviewed with the building or grading permit application.

D.

Standards. In addition to the factors and guidelines set forth in Subsection 17.21.4(D), a permit shall be granted or denied based on the following factors and guidelines consistent with actions taken on the concurrent application for grading or building permits:

1.

The necessity for alteration, destruction, removal or relocation in order to construct a required improvement on public property, or within a public right-of-way; or to construct an improvement that allows reasonable economic enjoyment of private property;

2.

The extent to which a proposed improvement may be modified to preserve and protect a protected tree;

3.

The extent to which a change in the existing grade within the protected perimeter may be modified to maintain and preserve a protected or heritage tree.

E.

Conditions of Approval. Each permit shall require as a condition of approval:

1.

If a protected tree proposed for removal can be relocated, the applicant shall move the tree to a suitable location on a site shown on the approved plans.

2.

The applicant shall guarantee the health and vigor of each protected tree required to be preserved during the construction process and for two years after construction is certified as complete.

3.

The applicant shall replace a protected tree that dies during the guarantee period in accordance with the tree replacement provisions of subsection F of this section.

4.

The applicant shall comply with care requirements of subsection G of this section.

F.

Protected Tree Replacement. An applicant shall replace a protected tree in accordance with the following standards:

1.

For each six inches or fraction thereof of the aggregate diameter of trees approved for removal, the applicant shall plant 1 native tree with a diameter no less than 0.75 inches. One-third of the replacement tree requirement may be fulfilled by planting native shrubs that mature at a height no less than five feet. The applicant may substitute a larger number of smaller trees or a smaller number of larger trees if approved by the Director based on a finding that tree replacement will be more beneficial to the health and vigor of all trees on the property.

2.

If the development site cannot accommodate the replacement trees, with the written approval of the Director and the property owner, the applicant may plant the replacement trees on public or private property located in Orinda. Alternatively, the applicant may make an in lieu payment of one hundred twenty-five dollars ($125.00) for each replacement tree otherwise required. All in lieu payments shall be used for city landscape-related projects.

G.

Care of Protected Trees. In order to protect each protected tree on a site where grading or building is to take place, an applicant shall meet the following requirements:

1.

Before starting, the applicant shall securely fence off every protected 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 may 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 protected 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 may be made within the dripline of a protected or heritage tree.

5.

No burning or use of equipment with an open flame may 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 may be stored or dumped within the protected perimeter of a protected tree or at any other location on the site from which such substances might enter the protected perimeter of a tree.

8.

Trenching for utilities shall avoid interfering with roots of protected trees 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 protected tree. No supplementary irrigation shall occur within the protected perimeter of a native oak.

H.

Expiration of Permit. A permit is valid for the same period as the building or grading permit. If the applicant does not begin work before the expiration date, the permit is void.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-10, § 2(exh. A), 1-4-11)