It is the intent of this Chapter to establish regulations for the removal of significant trees within the City in order to retain as many trees as possible consistent with the purpose hereof and the reasonable enjoyment of private property. These regulations are adopted for the purpose of ensuring the preservation of natural scenic beauty throughout the City necessary to the public health and welfare of its citizens in the maintenance of a stable environment and in the prevention of soil erosion, flooding, landslides, air pollution, climactic changes and public and private expense for corrective measures resulting therefrom, and to also provide for better control of noise through protection for mature trees screening out noise.

(Ord. No. NS-217, § 1, 12-18-2018)

A.

"Significant tree" means: (1) oaks or redwood trees having a circumference greater than twenty (20) inches measured at a height of forty-eight (48) inches above natural grade; or (2) any tree having a circumference greater than twenty-five (25) inches measured at a height of forty-eight (48) inches above natural grade.

B.

"Dead tree" means a significant tree that is no longer alive, has been removed beyond repair, or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exists to sustain life) and has been determined to be in such a state by a certified arborist during a non-dormant or other natural stage of the tree that would minimize the likelihood that the tree would be mistakenly identified as being in such a dead state.

C.

"Unsuitable tree" means a live significant tree or dead tree on a lot that is used for any purpose, where the tree meets the following criteria:

1.

On a lot used for a dwelling, the tree belongs to a species that has been determined by the City Council to be uniquely less compatible with the immediate environment because the species is invasive or non-native to the Monte Sereno region or is susceptible to disease. Such tree species include the following:

•

Eucalyptus, Blue Gum (Eucalyptus globulus);

•

Eucalyptus, Red Gum (Eucalyptus calmaldulensis);

•

Black Acacia (Acacia melonaxylon);

•

Tree of Heaven (Ailanthis altissima);

•

Tulip tree (Liriodendrun tulipifera);

•

Palm (all species);

•

Privet (Ligustrum);

•

Monterey Pine (Pinus radiata);

•

Fruit trees.

D.

"Remove" means eliminate, take away, uproot or destroy or top. For purposes of this Chapter, "remove" also means taking any action that reasonably and foreseeably will lead to the death of a tree or to permanent significant damage to the health or structural integrity of a tree. Such actions can include, without limitation and by way of example, excessive pruning, cutting, girding, poisoning, or watering of a tree; the unauthorized relocation or transportation of a tree; excessive excavation, alteration, or grading of the soil within the dripline of a tree, or excessively bruising, tearing or breaking the roots, bark, trunk or branches of a tree. For purposes of this Chapter, "top" means cutting the branches of an ordinance tree in a manner that destroys the existing symmetrical appearance or natural shape of the tree and involves the removal of main lateral branches and leaving the trunk of the tree or major branches of the tree with a stub appearance.

(Ord. No. NS-217, § 1, 12-18-2018)

It is unlawful for any person to remove, or cause to be removed, any significant tree, dead tree or unsuitable tree from any parcel of property in the City without first complying with the requirements of this Chapter. The provisions of this Chapter shall not apply:

A.

In case of emergency when a significant tree is hazardous or dangerous to life or property and its removal has been approved by order of the City Manager or the Manager's designee.

B.

To any franchised public utility or representative of the City removing trees which interfere with the safe operation of the public service or public right-of-way for which they are responsible.

(Ord. No. NS-217, § 1, 12-18-2018)

During any construction work being carried on in close proximity to any significant tree, the owner of the real property on which the significant tree is located shall install and maintain a protective fence, all parts of which fence shall be not less than five (5) feet from the trunk of the significant tree. If, for any reason, the protective fencing cannot be constructed no less than five (5) feet from the tree trunk, the City Manager or Manager's designee, after viewing the significant tree may set the minimum distance from the trunk of the significant tree to be used in installing the fence.

(Ord. No. NS-217, § 1, 12-18-2018)

Except as provided in Section 10.15.020, it shall be unlawful for any person to remove, or cause to be removed, any significant tree, dead tree or unsuitable tree from any parcel of property in the City without first applying for and obtaining a permit for the removal from the City Manager or City Planner for: (1) dead or unsuitable trees on any parcel, or (2) for any tree removal performed in conjunction with a project first permitted under Section 10.05.080, Section 10.06.140, or Chapter 13.06. In all other instances, it shall be unlawful for any person to remove, or cause to be removed, any significant tree without first applying for and obtaining a permit for the removal from the Site and Architecture Commission or City Council.

(Ord. No. NS-217, § 1, 12-18-2018; Ord. No. NS-228, § 5, 12-21-2021; Ord. No. NS-229, § 5, 1-4-2022)

A.

The application for a permit shall be made on forms provided for the purpose by the City Clerk and shall state among other things the number and location of the significant trees, dead trees or unsuitable trees to be removed by type and the reason for removal for each.

B.

Each application for a permit shall be accompanied by payment of an application fee in the amount fixed by a resolution of the City Council.

C.

Upon receipt of a complete application for the removal of a significant tree, the City shall cause notice of the time and place at which all interested persons may appear before the Site and Architecture Commission to be sent to the applicant and his/her agents and all property owners within three hundred (300) feet of the proposed project and shall thereafter hold a hearing at the time and place specified.

D.

Upon receipt of a complete application for the removal of a dead tree or an unsuitable tree, the City Manager or City Planner shall consider the application and provide a written decision on the request.

(Ord. No. NS-217, § 1, 12-18-2018)

In the event an applicant desires to remove a significant tree due to disease, danger of falling or threat to owner or surrounding residents or to remove a dead tree, the City may require, at the cost of the applicant for the permit, an inspection and evaluation of any tree or trees proposed to be removed by an arborist who has been prequalified by the City. The arborist shall inspect and evaluate the tree or trees. The arborist shall also prepare a written report detailing the condition of the tree, and any remedial measure that could be taken to minimize the disease or threat to the owner or surrounding residents. The arborist's report shall be considered when evaluating the request for a permit. Unsuitable to provide proof of species. In the event an applicant desires to remove an unsuitable tree, the City may require, at the cost of the applicant for the permit, verification of the species of the tree.

(Ord. No. NS-217, § 1, 12-18-2018)

Each application shall be reviewed to determine the condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services. With respect to dead trees or unsuitable trees, each application shall be reviewed to validate the health of the tree and/or species. In addition, in the case of a significant tree the following shall be determined:

A.

The significant tree or trees need to be removed to allow reasonable economic enjoyment of the property or the significant tree or trees need to be removed due to disease, danger of falling or threat to owner or surrounding residents;

B.

If the topography of the land and the effect of the removal of the significant tree will have a significant effect on erosion, soil retention and diversion or increased flow of surface waters;

C.

The number of trees existing in the neighborhood on improved property and the effect the removal would have on the established standard of the area and the property values; and

D.

The number of trees the particular parcel can adequately support according to good forestry practices.

In reviewing applications, the Site and Architectural Commission shall give priority to those based on hazard or danger of disease and may refer any application to the City Engineer or other officer of the City for a report and recommendation. In approving a tree removal permit, the Site and Architectural Commission may impose conditions requiring replacement of trees as may be deemed appropriate to mitigate impacts of development or provide equivalent aesthetic benefits in terms of size, height, location, appearance, and other characteristics of the removed tree.

For tree removals that are in conjunction with a project permitted under Section 10.05.080, Section 10.06.140, or Chapter 13.06, the City Manager or City Planner shall approve such permit subject a requirement to replace each tree removed with two (2) trees, each of a native or drought-tolerant species, but shall not be an Unsuitable Tree as defined in Section 10.15.015, with a minimum circumference of ten (10) inches measured at a height of forty-eight (48) inches above the grade as planted. If the removed tree is an Unsuitable Tree as defined in Section 10.15.015, the City Manager or City Planner shall approve such permit subject to a requirement to replace each Unsuitable Tree removed with one (1) tree of a native or drought tolerant species but shall not be an Unsuitable Tree as defined in Section 10.15.015, with a minimum size of twenty-four (24) inch box as planted. The City Manager or City Planner shall not approve a permit for removal of a significant tree that is an oak species measuring at least one hundred fifteen (115) inches in circumference at 48 inches above grade, unless the applicant demonstrates one (1) of the following: (1) the project subject to mandatory approval pursuant to Government Code Section 65852.2(e) and Monte Sereno Municipal Code Section 10.06.140.H, (2) for projects subject to Monte Sereno Municipal Code Section 10.05.080, the denial would have the effect of physically precluding the construction of up to two (2) units on the lot or would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area, or (3) for projects subject to Chapter 13.06, the denial would have the effect of physically precluding the construction of up to two (2) units per created parcel or would physically preclude such units from being at least eight hundred (800) square feet in floor area.

(Ord. No. NS-217, § 1, 12-18-2018; Ord. No. NS-228, § 5, 12-21-2021; Ord. No. NS-229, § 5, 1-4-2022; Ord. No. NS-240, § 3, 11-7-2023)

Any person who unlawfully removes a significant tree without having first obtained a permit for its removal may be subject to a citation in the amount of One Thousand Dollars ($1,000.00). Any person who unlawfully removes a significant tree, dead tree or unsuitable shall be required to apply for and obtain a tree removal permit at double the application fee.

Additionally, and in addition to any other penalty provided by this Code, any person who unlawfully removes a significant tree without having first obtained a permit for its removal issued by the City shall be subject to the following requirements which shall be imposed on the permit:

A.

Replacement of the tree unlawfully removed with one (1) or more new trees which will provide equivalent aesthetic quality in terms of size, height, location, appearance, and other characteristics of the unlawfully removed tree; or

B.

If replacement trees will not provide equivalent aesthetic quality because of the size, age, or other characteristic of the removed tree or cannot be planted on the subject parcel, the City Manager shall calculate the value of the removed tree in accordance with the latest edition of the Guide Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers. The authority approving the permit may require either a cash payment to the City of such value, together with estimated costs of planting as determined by the City Manager, to be used for replacement planting elsewhere or the actual planting of replacement trees in a manner designated by the City, or any combination thereof.

The amount of any cash payments imposed pursuant to this Chapter shall constitute a debt to the City and any person required to make such a payment shall be subject to an action in the name of the City in any court of competent jurisdiction for the collection of the amount of the cash payment.

(Ord. No. NS-217, § 1, 12-18-2018; Ord. No. NS-228, § 5, 12-21-2021; Ord. No. NS-229, § 5, 1-4-2022)

Any action taken by the Site and Architecture Commission pursuant to this Chapter to grant, conditionally grant or deny a tree removal permit may be appealed to the City Council by filing, with the City Clerk, a written notice of appeal within ten (10) calendar days after a copy of the decision of the Commission has been placed in the mail to the applicant. The applicant, any property owner or tenant of property within three hundred (300) feet of the subject site, a City Council member or the City Manager may file such a notice of appeal. When such notice has been accepted by the City Clerk for filing the following shall occur:

A.

Notice and Time of the Hearing. The City Clerk shall, subject to the rules of the City Council, set a date for the public hearing which shall be held by the City Council. The date of hearing shall be not less than ten (10), nor more than sixty (60) calendar days after the notice of appeal was received by the City Clerk.

B.

Information Provided to City Council. The City Manager or his/her designee shall provide a report to the City Council summarizing the project and outlining the decision and findings of the Commission. In addition thereto, the City Manager or his/her designee shall file with the City Council at its hearing all relevant papers, documents and exhibits which are part of the file.

C.

Hearing. The City Council shall hold a public hearing to consider the appeal at the time and place set by the City Clerk. The City Council shall hear the matter de novo. The City Council shall hear and consider only those issues which were presented to the Commission, except for any new issues which could not have been known at the time of the Commission hearing.

D.

After hearing and considering all the evidence, the City Council shall uphold the decision of the Commission, reverse the decision of the Commission or modify the decision of the Commission. Nothing in this Chapter shall preclude the City Council from modifying, adding or deleting any condition of the tree removal permit in order to protect the public peace, health, safety and welfare.

E.

Findings and Decision. Within a reasonable time after the City Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The decision of the City Council shall be final. The decision of the City Council shall be mailed to the applicant and his/her agent, at the addresses shown on the application and the appellant, at the address shown on the notice of appeal.

Any action taken by the City Manager or the City Planner related to a permit is final and not subject to appeal, with the exception that the applicant may submit an application to be heard before the Site and Architecture Commission should they disagree with the decision of the City Manager or the City Planner with respect to their original application for removal of an unsuitable or dead tree.

(Ord. No. NS-217, § 1, 12-18-2018; Ord. No. NS-228, § 5, 12-21-2021; Ord. No. NS-229, § 5, 1-4-2022)