Mill Valley City Zoning Code
CHAPTER 20
67 TREES ON PRIVATELY OWNED PROPERTY
§ 20.67.010 Declaration of policy.
Within the City of Mill Valley there are certain redwood, oak, madrone, and other trees which have special community value and contribute greatly to the character and scenic beauty of the City. The uncontrolled removal or destruction of these trees threatens to adversely affect scenic beauty, destroy wildlife habitat, reduce privacy, and increase the risk of erosion, mudslides and flooding. It is in the interest of the community health, safety and general welfare to protect and preserve heritage trees by regulating their removal and, where appropriate, encouraging their replacement.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.020 Definitions.
Whenever the following words and phrases appear in this chapter, they shall have the meanings set forth below:
shall mean the person employed by the City as the City Arborist or a Certified Arborists serving as a consultant to the City and responsible for making recommendations in the care, planting, pruning, trimming, and removal of trees.
shall include trees of the species tanbark oak (Lithocarpus densiflorus), oak (Quercus Supp.), madrone (Arbutus mensiesii), and coast redwood (Sequoia sempervirens) which meet the following criteria:
Tanbark oak: 65-inch circumference (approximately 20-inch diameter). |
Oak: 75-inch circumference (approximately 24-inch diameter). |
Madrone: 75-inch circumference (approximately 24-inch diameter). |
Coast redwood: 95-inch circumference (approximately 30-inch diameter). |
All measurements are to be made at "diameter at breast high" (4-1/2 feet above the ground). |
"Heritage Tree" shall also include any other tree which is so designated by resolution of the City Council following a noticed public hearing, because of its unusual size, age or other specific significance to the community. |
shall mean any tree for which a tree removal permit is required by this chapter or a tree that is required to be preserved as part of a development review approval.
shall mean an arborist, tree worker, or other tree care professional or company who has signed an affidavit attesting to their understanding and adherence to the City's Tree Ordinance requirements.
shall be the appraised value established by the City Arborist using methods established in the most recent edition of the "Guide to Plant Appraisal" by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture and the current edition of the Western Chapter of the International Society of Arboriculture's Species Classification and Group Assignment.
shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduces the overall size of the tree area, destroys the existing symmetrical appearance or natural shape of the tree, or results in the removal of main lateral branches and leaves the trunk of the tree in a stub appearance.
means the indiscriminate cutting of tree branches to stubs or lateral branches that are not large enough to assume the terminal role.
shall include any one or more of the following:
means a report prepared by a certified arborist selected and retained by the City but whose fees are paid for by the applicant for a tree removal permit.
means removal of less than one-third of a tree's foliage in any one year in a way that will not foreseeably cause the tree's death or permanent damage to its health.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.030 Permit required.
No person may cause the removal of a heritage tree or protected tree on privately owned property without first obtaining a tree removal permit from the City.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.040 Contents of application-Fee.
Applications for tree removal permits shall be submitted to the Zoning Administrator. All applications shall indicate the location, species and circumference of all affected heritage trees and protected trees and reasons for removal. Applications for tree removal permits in conjunction with construction or grading activity shall provide a site plan if deemed necessary by the Zoning Administrator. All such site plans shall indicate the location, species, and circumference of all trees located within 30 feet of proposed construction activity, including, but not limited to, all heritage trees and protected trees which are proposed for removal. If the reason for tree removal is: (a) to protect the public health or safety due to a tree's death or disease; or (b) to enhance the health of the subject tree or adjacent trees, the application shall be accompanied by a supporting tree report prepared by a certified arborist. Applications must be accompanied by a fee in an amount fixed by resolution of the City Council.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.050 Public hearing notice.
The Zoning Administrator shall conduct a public hearing before issuing any tree removal permit for a heritage tree. Notice of the public hearing shall be given in the manner specified in Section 20.60.200 of this Code. In addition, copies of the public hearing notice shall be prominently displayed on all trees proposed for removal.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.055 Approval by Director of Planning and Building.
The Director of Planning and Building may approve an application for a tree removal permit for multiple non-heritage trees on developed or vacant lots. Notice of the Director's decision to approve a tree removal permit shall be mailed to property owners within 300 feet of the property 10 days prior to the effective date of the decision. In addition, copies of the public hearing notice shall be prominently displayed on all trees proposed for removal.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.060 Tree removal permit for any project which also requires approval under Title 20 (Zoning Ordinance).
When a tree removal permit will be required as part of a project for which the Zoning Ordinance requires approval by the Zoning Administrator or Planning Commission, (such as a negative declaration, design review, use permit or variance), the application for the tree removal permit shall be submitted and reviewed at the same time as the related development permit applications.
A development permit application shall be denied if submitted within 24 months of illegal tree removal activities, or within 24 months of an approved tree removal permit on a site where the tree removal was approved without consideration of the development permit application, unless one of the following conditions applies:
A.
The approved tree removal permit and the project for which a development permit application is required are unrelated, such that any approval or permit for the project would not have required removal of the tree(s) that was the subject of the tree removal permit;
B.
The approved tree removal permit was an emergency tree removal permit issued pursuant to Section 20.67.080; or
C.
Approval of the requested development permit application is necessary to the health or safety of those occupying existing improvements on the site.
Approvals and permits subject to this section shall include, but not be limited to, conditional use permits, variances, and building or demolition permits. |
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.070 Tree cutting on vacant lots.
No tree over 12-1/2 inch circumference (approximately four-inch diameter), measured at a point 4-1/2 feet above the ground, shall be cut or otherwise damaged or destroyed on any vacant parcel without an approved tree removal permit.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.075 Tree cutting on developed lots.
Unless requested in writing by the City for vegetative management purposes, a tree removal permit shall be required to cut or otherwise damage or destroy four or more trees over 19-inch circumference (approximately six-inch diameter), measured at a point 4-1/2 feet above the ground, on any developed parcel in any 12-month period.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.080 Emergency tree removal.
If a heritage tree poses an immediate threat to the safety of persons or property, the Director of Building and Planning may issue an emergency tree removal permit and waive the requirements of Section 20.67.050 or 20.67.055. Supervisory personnel for the City of Mill Valley, Pacific Gas and Electric, Pacific Bell, and the Marin Municipal Water District may conduct emergency tree removal without a tree removal permit. The removal of a heritage tree under emergency conditions by such supervisory personnel shall be reported to the Mill Valley Planning Department on the first business day following the emergency tree removal. If granted, the tree shall be removed within seven days, after which time the emergency tree removal approval shall be rescinded.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.090 Criteria for issuance of a tree removal permit.
A permit may be granted upon a finding that the tree removal is necessary to accomplish any one or more of the following objectives:
A.
To protect the public health and safety by reducing or eliminating fire danger and other potential hazards to persons or property.
B.
To prevent obstruction or interference with public utility facilities, sanitary sewer facilities, storm drains, or water supply facilities, or watercourses.
C.
To ensure reasonable preservation of views and sunlight.
D.
To enhance the health of the subject tree or adjacent trees.
E.
To allow the owner to reasonably develop and use the subject property.
Prior to making a determination on a tree removal permit, the City may require a tree report. |
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.110 Criteria for denial of a tree removal permit.
Notwithstanding the findings set forth in Section 20.67.090, a tree removal permit may be denied if any one or more of the following findings is made:
A.
Removal of a healthy heritage tree or multiple trees could be avoided by reasonable alternatives such as trimming, pruning, thinning, or other reasonable treatment.
B.
Revisions to a proposed project would allow an owner to reasonably develop and use the subject property without requiring removal of a healthy heritage tree or multiple trees.
C.
Adequate provisions for drainage, erosion control, land stability, avoiding adverse visual impacts and windscreening have not been made in situations where problems are anticipated as a result of tree removal.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.120 Conditions of approval.
Reasonable conditions of approval may be attached to any tree removal permit, as deemed necessary to accomplish the purposes of this chapter. These conditions shall include, but not be limited to, the following replanting requirements:
A.
Non-heritage trees approved for removal and associated with a development permit shall have a minimum replanting ratio of 1:1.
B.
Heritage trees shall be replaced based on the following formula: For each six inches or fraction thereof of the diameter of the removed tree, three trees of the same genus and species (or another native species, if approved by the review body), shall be planted on the project site.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.150 Replacement trees.
All replacement trees required by this chapter shall be subject to the following provisions:
A.
Replacement trees must be planted on the project site, unless the Director of Planning and Building determines that it is not feasible in relation to good forestry practices.
B.
All replacement trees shall be of a species native to Marin County, and shall be determined by the Director of Planning and Building or the review body, with input from city staff and any project arborist.
C.
Replacement trees shall be a minimum of 24-inch box size.
D.
All replacement trees shall be installed according to acceptable nursery practices in a manner designed to encourage vigorous and healthy growth. Soil improvement measures may be required. Before planting, a tree's growth characteristics shall be considered to minimize conflicts with views, lighting, infrastructure, utilities, or signage.
E.
If replacement trees are to be planted off-site, the City may accept an in-lieu payment of $300.00 per 24-inch box replacement tree, or the actual cost to purchase and install the required tree, whichever is greater. All such payments shall be used for tree-related educational projects and/or planting programs of the City.
F.
Replacement trees must be planted within 60 days of tree removal or before final inspection, pursuant to a valid building permit unless authorized by the Director of Planning and Building due to seasonal planting requirements consistent with good forestry practices.
G.
Trees required to be kept on a building site and trees required to be planted as a condition of tree removal permit approval shall be maintained according to accepted arboricultural practices for a minimum of five years from the completion of construction or the date that the tree is planted. At no time shall these trees be moved without the issuance of a valid tree removal permit.
(Ord. 1291 § 3, May 1, 2017)
§ 20.67.200 Appeals.
Any person aggrieved by any determination, interpretation, decision, conclusion, decree, judgment or similar action taken regarding the approval or denial of a tree removal permit may appeal such action to the Planning Commission in the manner specified in Chapter 20.100 of this title.
(Ord. 1291 § 3, May 1, 2017; Ord. 1332 § 1, December 6, 2021)
§ 20.67.250 Violations-Penalties.
Violations of this chapter are hereby declared to constitute a public nuisance subject to the provisions of Chapter 8.04 and shall be punishable as misdemeanors or infractions at the discretion of the City's designated code enforcement official following consideration of the severity of the violation. Continuing violations shall constitute a separate offense for every day the violation occurs or continues. Any individual who personally, or through an agent, employee, or representative, commits a violation under this chapter shall be subject to the following fines:
A.
The fines for tree damage or removal of any protected tree shall be as follows:
2.
Each tree damaged or destroyed shall be considered a separate offense. If multiple trees are damaged or destroyed in the same incident, the fines above shall be levied for each tree.
3.
For each additional violation an individual commits within a 24-month period, regardless of the location of the violation, the fines shall be double those specified in subsection (A)(1) above.
4.
In the event that the condition of an illegally removed tree cannot be determined after its removal, the condition of the tree shall be assumed to be in excellent condition for the purposes of establishing the replacement value.
5.
When required, the replacement value of a tree shall be established by the City Arborist in accordance with the most recent published edition of the "Guide for Plant Appraisal" by the Council of Tree and Landscape.
6.
The City's Planning Department shall maintain a list of qualified tree care professionals who have signed affidavits attesting to their understanding and adherence to the City's tree ordinance requirements. If a property owner contracts for tree work with a qualified tree care professional appearing on the list, any fines for a violation of this chapter shall be assessed to the qualified tree care professional, and the qualified tree care professional shall be removed from such list. If a property owner conducts the tree work or contracts for tree work with any party not on the Planning Department's list of qualified tree care professionals, any and all violation fines shall be assessed to the property owner.
B.
In addition to assessment of fines, each tree removal shall be subject to replacement as follows:
1.
Non-heritage trees shall be replaced at a ratio of 3:1 for each tree removed.
2.
Heritage trees shall be replaced based on the following formula:
For each six inches or fraction thereof of the diameter of a tree which was not approved for removal, three trees of the same genus and species as the removed tree (or another native species, if approved by the Director), each of a minimum 24-inch box size, shall be planted on the project site, provided however, that an increased number of smaller size trees of the same genus and species may be planted if approved by the Director, or a fewer number of such trees of a larger size if approved by the Director.
C.
In addition to the above mitigations, violators shall be liable for all costs associated with taking corrective action deemed reasonably necessary as the result of a violation of this chapter, including the planting of replacement trees, erosion control and slope stabilization. At the City's option, any necessary corrective action may be undertaken pursuant to the nuisance abatement procedures set forth in Chapters 8.04 and 20.66 of this Code. In addition, the City may pursue any other available legal or equitable remedies.
(Ord. 1291 § 3, May 1, 2017)