TREE REMOVAL PROCEDURE

The removal of trees in the Town of Atherton is regulated by the City Council. Chapter 8.10 of the Atherton Municipal Code requires a Heritage Tree Removal Permit prior to the removal of certain trees located on private property. Any tree meeting either of the following may be removed without a permit:

1. The tree, located anywhere on the lot, smaller than 48" in circumference, when measured 48" above grade, or;

2. The tree, of any size, other than native (Quercus) , located in the 'Building or Dwelling Area'. This is the area within a lot in which the dwelling may be constructed.

3. The following tree species are not classified as heritage trees regardless of size: baileyana; Acacia decurrens; Acacia melanoxylon; Ailanthus altissima.

All other trees cannot be removed unless a permit has been issued to the property owner or tree professional.

A. Dead or Dangerous Trees: Removal permits for dead or dangerous trees may be issued by the Town Arborist or the Building Official. To receive this type of permit you must complete the Application for Removal of a Dead or Dangerous Tree. You may be required to submit a written report addressing the condition of the tree or trees from either:

1. A Registered Professional Forester licensed by the State of California.

2. An International Society of Arboriculture certified arborist or,

3. A member of the American Society of Consulting Arborists

B. All Other Trees: A Heritage Tree Removal Permit must be approved by the Planning Commission prior to the removal of any tree not meeting 1, 2 or 3 above, and, not determined to be dead or dangerous. Any native oak species (Quercus) 48" or more in· circumference, located in the Allowable Buildable Area must go before the Planning Commission for approval. (See back for Heritage Removal Permit Procedure)

Prior to issuance of the permit an inspection will be made to confirm the existing conditions. Upon completion of the tree removal the Building Department shall be notified by the homeowner or contractor.

The Town Arborist may grant the permit specifying mitigation measures, such as, but not limited to, requiring replacement of the tree or trees removed with trees of a size acceptable to the Town Arborist.

Heritage Tree Removal Procedure

Planning Commission Application

APPLICATION The complete application packet must be filed by the owner, pursuant to the provisions of Atherton Municipal Code 8.10. The application must be received 19 days before the next regular meeting date of the Planning Commission and include the following:

1. Non-refundable $750.00 application fee. 2. The completed 'Application for Town Action Heritage Tree Removal' form, signed by the owner. 3. A photograph of the subject tree(s). 4. 15 copies of clearly drawn, detailed, scaled plot plan showing all Heritage Trees and any existing and/or proposed structures, parking areas, driveways, and describing in detail the nature and use proposed on the subj ect property. Plans must be folded to no larger than 9 ½” x 13". 5. One set of the plans reduced to 8 ½ " x 11". 6. A written description of the request. 7. A Tree Survey and Arborist Report prepared by a professional arborist. 8. Any additional information as the Secretary of the Planning Commission may deem necessary. 9. Minimum deposit of $2,000 if an environmental assessment is required.

HEARING DATE Upon timely receipt of all of the above, the request will be placed for Public Meeting on the agenda of the next Planning Commission meeting. Currently the meetings are scheduled for the fourth Wednesday of each month at 6:00 p.m. in the Town Hall. The Planning commission may continue any meeting from time to time.

FINDINGS At the public meeting, the Planning Commission shall hear all evidence presented, and shall grant the heritage tree removal permit unless it finds that the removal of the subject tree(s) would be contrary to the purpose and intent of the General Plan of the Town.

CONDITIONS At the discretion of the Planning Commission, for each tree permitted to be removed the owner may be required to three (3) trees of fifteen (15) gallon container size, or two (2) trees of twenty four inch (24") box container size, or one (1) tree of fifteen (15) gallon container size and one (1) tree of thirty six inch (36") container size, in the tree preservation area.

EFFECTIVE DATE Planning Commission approval will be effective 10 days following the date of decision, during which time an appeal may be filed. The permit will be considered void if not used within one year.