CC Study Session regarding Protected Trees CL (//s /„
Study Session regarding Protected Trees
MCA-2012-02
Ordinance last amended in 2007 due to Council:
• Concerns about reported illegal removal of protected
trees
• Wishes to encourage property owners to obtain a
permit
• Wishes to increase penalties on illegally removed trees
2007 Amendments
• Reduce approval authority
— From the Planning Commission to Staff level approval
• Lower tree removal permit fees
— From $2,662 to$150 for 1st tree &$75 for each additional tree
• Institute Retroactive Tree Removal Permit and fee
— Fee set to$2,662,the tree removal fee at that time
• Create permit process for Tree Management Plan
— To allow planned thinning out or removal to prevent overcrowding.
Fee set at$1,041
• Reduce permit fee for dead or hazardous trees
— From $860 to $0
1
Summary of Past Approvals
�, gz
2009 2010 2011 20 2 '' tal
Tree Removal Permit 21 36 70 35 162
tications
{
Protected Trees 169 302 550 231 1,252
approved.for removal
Retroactive Tree 6. 16 ` 8 8 38
Removal Permit
Pcations
Tree Manage ent 0 0 0 0 0
Plan Applications
Current Regulations
PROTECTED TREES
Heritage Trees:
• Tree with special significance to the community
Specimen Trees:
• Native oak tree species,
•
• California Buckeye, Blue Atlas Cedar,
• Big Leaf Maple, • California Bay &
• Deodar Cedar, • Western Sycamore
Other Protected Trees:
• Any tree required to be planted or retained as part of an
approved development application
• Privacy Protection Trees
2
Current Regulations
EXEMPTIONS
Ufa finY f iN i y n fZ
�� Per it Required after
Exemptions � replacement 'Fee
a. .. .,a.� .tee. sa,�,a� .df,,, .a>.�«� loam--,.' .z.., — .'',1f
Removal in case ofan emergency
use i y the Sazardous or Yes within 5
dangerous condition of a tree working days of Yes No
quiring i mediate acts n for the removal
ety of life or property
"'Dead Trees as determined by the .Yes-within 5•"'Deadtor as - unity Development working days of Yes No
�, t
tea , �a removal '
Thinning nut/ err vtra1 of trees with a
a , No No N/A
pre-approved ree is a emend lei
Utility actio � ....
No No N/A
Current RE?gulations
REPLACEMENT TREES
• Replacement tree of equivalent value required.Table below
provides guideline:
,� e w xi."'' '�- a
n � Size emov d r Replacement
fit �" " .� � mot`' s� � �.�Trees,,� x #ll
et aboyegra e .RSA,
_ One 24" box tree
inches Two 24" box trees
n ti min Two 24" box trees or One 36" box tree
1, 7' b'One 36" box tree
,,,,..,.:(:),iii ireirta320:1:,,,t11,,r—e, � ,., � , :: One 48" box tree
3
Current Regulations
IN-LIEU REPLACEMENT TREES
If determined that tree cannot be planted on
site, in-lieu fee determined by current purchase
price and installation cost of tree determined by
City Arborist
• Current fees: ^' $350 & $500 for 24-inch box and 36-
inch box replacements respectively
• For trees over 36 inches and/or Heritage trees in-lieu
fee based upon the valuation of the tree by an ISA
certified arborist and verified by the City's consulting
Arborist
Other Cities
SARATOGA, Los GATOS, PALO ALTO AND Los ALTOS
Protected Trees include:
• Trees greater than a certain size, regardless of
species. Most cities set this at 10" or 12"
• Size measured at 3', 4' or 4.5' above grade
• Native Trees, including Coast Live Oak, Blue oak,
Black Oak, California Buckeye, Big Leaf Maple
Exemptions
• Most allow exemptions where a Tree Removal Permit
is not required prior to removal
— E.g. Public Utility actions/emergency removal
4
Other Cities
SARATOGA, Los GATOS, PALO ALTO AND Los ALTOS
Fees
• Fees vary by City up to $275 in the City of Palo Alto
• Some cities charge a flat fee, others charge per tree
Findings
• All cities have findings that have to be met to allow
removal of Protected Trees
Other Cities
SARATOGA, Los GATOS, PALO ALTO AND Los ALTOS
Tree Replacements
• Determined in different cities by:
— Canopy size,
— Tree valuation, or
— Approval authority's discretion
In-lieu Replacement fees
• Only allowed if determined adequate replacement
cannot be planted on site
• Determined by ISA tree valuation
• Valuation doubled for illegal tree removals to allow for
installation costs
5
Other Cities
SARATOGA, Los GATOS, PALO ALTO AND Los ALTOS
Unpermitted Tree Removal:
• All cities require greater mitigation for illegal removal
than for permitted removal of trees
— E.g., require planting of trees of equal value or
— If in-lieu replacement fee,then value of tree doubled to
account for installation costs
Bond/Financial Security:
• Most cities require a multi-year bond or other
financial security be posted to ensure that trees are
adequately maintained after replacement.
Options for Amendments
Increasing regulations (including higher replacement
requirements/more restrictive findings)
Relaxing regulations:
— Deregulate all trees City-wide
— Deregulate all trees in the residential zones (R1, R2,A,Al& RHS zones)
— Deregulate all trees located at the rear and/or side yards of homes in
residential zones (R1, R2,A,Al and RHS zones)
Options for amending mitigation requirements for the removal of
protected trees:
— Continue to require mitigations (replacements/in-lieu fees)
— Reduce mitigations
— Remove mitigation requirements
6
Environmental Review & Fiscal Impact
� , x Re Regulations
�4 4. 9P '1" Eat .g •y
endment`Type More egulations Provide additional
Without mitigation
mitigation
g
viro ra eratal Environmentally less Less than significant Environmentally
Impact than significant with mitigations Significant
of CEQA categorical Exemption
Mitigated Negative Environmental
Review
Declaration; Impact ReportiElR)
Est. vir a ntentat $5,000 $30,000 $85,000
nsultant Fees
- Arborist $5 000 $15,000 '.
Con nt Fees
Outreach Noticing $11,000 $11,000 $11,000
�3 1
?n ! � .,. $50 $2,206
_ $3,045
O � $21,050 $58,206 $114,045
� l e� 5 6 months 7-9 months 12 15 months
Sustainability Impacts
Increasing mitigations and/or increasing restrictions
• Would likely reduce Greenhouse gas emissions and
improve air quality in the City
Reducing mitigations and/or relaxing regulations
• Would likely increase Greenhouse gases impacts to air
quality
Environmental review will identify impacts more
comprehensively
Next Steps
After direction from Council on scope of amendments:
— Level of environmental review will be determined
— Budget amendment will be brought to Council for funding
— After budget amendment, contracts will be initiated with
consultants to proceed with environmental review
Time frame:
— Depends upon type of environmental review and level of public
outreach.
— If no EIR, revised ordinance could be presented in late
Summer/early Fall 2013
— EIR would take an additional six months.
Recommendation
Provide direction on the scope of the ordinance
amendments to be reviewed
8