A. A Moratorium is declared on the removal of any single stem Coast Live Oak tree of a circumference of 18 inches or more and any multi-stemmed Coast Live Oak with an aggregate circumference of 26 inches or more at a distance of four feet up from the ground within the City of Berkeley.

B. Any pruning of a Coast Live Oak that is excessive and injurious to the tree is prohibited. Excessive and injurious pruning is defined as the removal of more than one-fourth of the functioning leaf, stem or root system of a tree in any 24-month period.

C. An exception may be made to this Section if the City Manager, or their designee, finds that any tree described in the Ordinance codified in this section is a potential danger to life or limb due to the condition of the tree, or is a danger to property, and that the only reasonable mitigation would be removal of the tree.

D. An exception may be made to this Section if the City Manager, or her designee, finds that any tree described in the Ordinance codified in this section would substantially interfere with a development project that includes 50% or more units affordable to Extremely Low-, Very Low- or Low-income households, as defined in Berkeley’s Affordable Housing Trust Fund Guidelines, so long as any tree removed is replaced by the developer with another Coast Live Oak either on the development site or at another location within the City of Berkeley. Location for replacement trees shall be at the City Manager’s discretion.

E. This Section will not prevent the one-time removal, to be determined by the Director of Parks and Waterfront in consultation with the Parks and Recreation Commission, of up to four young Coast Live Oaks, 14 inches or less in diameter (DBH), from the area adjacent to the Berkeley Rose Garden deer fence at the Euclid Avenue Overlook, for the purposes of restoring or maintaining public view corridors at the Berkeley Rose Garden.

F. This Section will not prevent the one-time relocation on site of one Coast Live Oak tree at 3000 Shasta Road, on the site of the proposed Hills Fire Station, consistent with condition 16 of Use Permit 01-10000057 as approved by the Zoning Adjustments Board, or removal of said tree if the City Council so determines on appeal of said Use Permit. This subsection shall be ineffective if the Hills Fire Station is not built. (Ord. 7615-NS § 1, 2018: Ord. 6905-NS § 1, 2006: Ord. 6796-NS § 1, 2004: Ord. 6550-NS § 1, 2000: Ord. 6484-NS § 1, 1999: Ord. 6462-NS § 1, 1998: Ord. 6321-NS § 1, 1996)