Introduction of Ordinance:
Tree Related Code Enhancements
Department of Public Works
January 30, 2024
Background
1 • Beginning in 2021, staff presented on the urban
forest, inclusive of Citywide tree programs,
funding, forest health, and tree protections
• At a March ‘23 meeting, staff covered this topic
– Council requested more stringent ordinance
protections and citation penalties, and protecting
additional private trees
• Presented to Sustainability on October 7, 2023
Proposed Municipal Code Modifications
• Title 16 Subdivisions -
3 sections
• Title 30 Zoning -
3 sections
• GMC 12.40 Street Tree
Ordinance
• GMC 12.44 Indigenous
Tree Ordinance
2 Titles 16 (Subdivisions) & 30
(Zoning)• Staff reviewed all City codes for consistency with existing ordinance and City policy
• Proposed minor modifications in six codes within these Titles, including improving parking lot tree selection
• The Planning Commission recommended these changes
at the February 1, 2023 meeting.
• Sustainability Commission did not have additional input. 3 4
GMC 12.40 and 12.44 – Street and
Indigenous Tree Ordinance Proposals
Across both ordinances:
• Improved terms and
definitions for consistency and
codify more harmful acts
• Refined duties and
prohibitions to ensure
consistency
• Expand violation classes in
ordinance and Citywide Fee
Schedule, allow for more post-
damage requirements
5 GMC 12.40
Street City-Owned Tree Ordinance
• Existing protections for Street trees should be
expanded to any City-owned tree
– Enables City to more effectively respond to tree damage within parks and open spaces
• In-lieu tree replacements: in rare cases, required
improvements remove a tree with no replacement.
PW had no way to obtain a fee to replant elsewhere
• Hedgerows within City rights-of-way: not allowed; the proposed modification refines the definition of tree
and makes this clear
6 GMC 12.40
Street City-Owned Tree Ordinance
Improvements since previous
Council meeting:
• Requires posting of notice 3
days prior to work; notice
generated with issued permit
• Refines definition of ‘protected
zone,’ to better protect trees
with irregular canopies during
plan review
• Increases citation penalties to
reflect actual value of a given
tree per Council direction
7 GMC 12.44 Indigenous Tree Ordinance
• Clarifies process for emergency removal
exemptions
• Replacement trees: set size and location
requirements
• Permit conditions: revised public tree installation
fee to allow future inclusion of watering and
maintenance costs, consistent with LA and
Pasadena
• Makes clear infestation is a valid reason for
removal, like in the Street Tree Ordinance
• Updated arborist report requirements to improve
quality of submitted reports
8 GMC 12.44 Indigenous Tree Ordinance
Improvements since previous Council meeting:
• Added same improvements as with street trees, including noticing • Clarifies that Arborist Reports may be required when construction access or staging may impact a tree
• Now requires independent Certified Arborist to supervise all permitted tree work, in addition to licensed contractor requirements • Adds language enabling City to enforce replanting if mitigation trees die before reaching protected size
• 3x penalties for knowingly destroying a tree, as with City Tree Ordinance 9 Fees and Penalties
• Enforcement difficulties with current framework of
civil penalties for extreme cases
• Glendale should mainly utilize Citywide Fee Schedule
framework – which is not a civil penalty
– Increase transparency to public
– Simplify appeals process using existing Code processes – Fees equal to appraised value of tree plus cost to replant; removed old cap of $10,000 per Council direction
10 Program Management
• At March 2023 meeting, the public commented
on Forestry staffing and Council requested staffing
needs
• Staffing has traditionally been sufficient to
manage administration of tree programs
• New online permitting system increases workload
but also streamlines process; further refinements
coming in terms of alerts for trees
Additional Protections
Staff will discuss three private tree protection options raised at Council and Sustainability Commission:
1. Protection of all private trees over 30” diameter,
or additional species
2. Require mitigation payment for tree removals
3. Heritage or Specimen Tree Program
11 Protect Mature Trees or New Species
12 • Not recommended by staff
• Will lead to significant costs for
tree owners and impacts to
property improvements
• Management and enforcement
would require physical access and
inspection; significant City staffing
• Sustainability supported
protection of mature shade trees
Require In-Lieu Payment for Removals
Program to permit any requested private tree
removal, with a fee to fund public tree planting
• Not recommended by staff
– Disincentivizes tree planting
– Difficult to enforce and verify exemptions
– Significant costs to already costly tree removals
13 Specimen or Heritage Tree Program
• Not recommended by staff after further review
– Protect notable trees on private property
• Opt-in owner nominations of notable private trees
• Sustainability concerned that owner opt-in would limit quantity of trees, wished to see City designation
• Protections would last for lifetime of tree
• High fiscal, staffing impact
• May set up potential conflicts with neighbors,
especially if program allows for City designation
or non- tree owner petition
14 15
Summary and Recommendations
• Proposed code modifications and related Citywide Fee
Schedule are intended to increase efficacy of existing
ordinance protections, with no increase in staffing
• Enhanced protections for trees results in more tools
enabling staff to preserve trees after violations, or
require tree replacement after major damage
• Program enhancements will require a comprehensive
outreach effort with new and revised City collateral
In Lieu Comparisons
Comparison of In-Lieu Fees
Jurisdiction In-Lieu Fee
Alhambra Appraised value of a tree
Citrus Heights $298/inch
Cupertino Appraised value of a tree
El Dorado County $153-459/inch
Elk Grove $200/inch
Glendale $180-$5,950 fee to plant new tree, based on removed tree size Los Angeles $2,612 flat fee to plant replacement tree
La Cañada Flintridge $354-$3600, based on removed tree size Pasadena Appraised value of a tree
Placer County $100/inch OR the appraised value of a tree Pomona Appraised value of a tree
Rancho Cordova $165/inch
Sacramento $325/inch
Santa Clarita Appraised value of tree
Sunnyvale Appraised value of tree
Comparison of Illegal
Tree Destruction Restitution
Jurisdiction Monetary restitution or administrative citation per tree Alhambra $100 citation, 2x cost to replant, automatic 1-year permit moratorium Burbank $100 administrative citation
San Mateo County $2,500 to $10,000 citation , based on tree size and quantity Cupertino $2,536 administrative citation
Culver City $1000 administrative citation
Glendale $400 citation, 1st offense, restitution of replacement (Street); $400 citation, 1st offense, 10-year building moratorium possible (ITO) Los Angeles None; 10-year building moratorium possible
La Cañada Flintridge $1,062 to $10,800 administrative citation based on tree size Pasadena $5000 or tree appraisal, whichever is higher, 2x cost to replant Sacramento $250-$25,000 restitution
South Pasadena 2x appraised value of tree, 2x permit and replant costs restitution Thousand Oaks Appraised value of tree, 2x replant costs restitution Fees and Penalties
Proposed and Comparative Administrative Citation Schedule Unpermitted Removal or Destruction of City or Private Protected Trees *In San Mateo County, fines increase if multiple trees are impacted Size Class Penalties Glendale
Existing
Glendale
Proposed
La Cañada
Flintridge
San Mateo
County
Unpermitted removal or
destruction, 0-6” DBH $400 $1,090 N/A N/A
7-12” DBH $400 $1,770 N/A N/A
13-18” DBH $400 $3,650 $1,062 $2,500
19-24” DBH $400 $6,470 $1,062 $2,500
25-30” DBH $400 $10,220 $1,062 $2,500
31-36” DBH $400 $17,220 $2,115 $2,500
36”+ DBH $400 $26,210 $10,800 $5,000
Unknown, under 30” DBH $400 $10,220 $5,400 $2,500
Unknown, over 30” DBH $400 $26,220 $10,800 $5,000
9 Fees and Penalties
Citations equal to tree value; Council and Sustainability recommended Tree Diameter
Range
City
replant
cost
Appraised value
assuming, fair condition
and average height
Recommended City
administrative
citation amount
0-6” $390 $700 $1,090
7-12” $390 $1,380 $1,770
13-18” $390 $3,260 $3,650
19-24” $390 $6,080 $6,470
25-30” $390 $9,830 $10,220
31-36” $390 $17,220 $17,610
36+” $390 $25,820 $26,210
Unknown, under
30” DBH
$390 Unknown $10,220
Unknown, over
30” DBH
$390 Unknown $26,210
Title 16: Subdivisions
• Three codes with requirement to depict trees
over 8” – PW proposes trees over 6” are
depicted
– 16.12.050; Miscellaneous Provisions; Additional
required information
– 16.24.050; Tentative Tract Maps; Tentative tract
map requirements.
– 16.24.060; Tentative Tract Maps; Additional
required information.
Title 30: Zoning
• Three codes are proposed
for modification
– 30.26.080; Advertising
Signage Overlay Zone
(ASOZ); Tree trimming.
– 30.32.160; Parking and
Loading; Landscaping of
parking and loading areas.
– 30.47.040; Design Review;
Standards.
30.32.160; Parking lot trees
• Existing code offers guidance on parking lot
landscaping and codifies PW’s Urban Forester as able
to approve modifications to species.
• Existing code provides a ‘Specie [sic] Palette City of Glendale’ with 36 tree species, with additional cultivars as options.
• PW recommends omitting this list, and instead using a larger, non-Codified list to be provided by PW and
available online. This list consists of the 100+ tree
species which are found along City streets and parks.
• Proposes aligning standards with the Indigenous Tree
Ordinance, which this code already references - trees
over 6” shall be depicted on plans, not over 8”
• Street trees are protected, but this section did not
directly address them; a reference to GMC 12.40 has
been proposed and a requirement to depict on plans
• PW recommends modifying the use of ‘should’ to
‘shall’ in relation to considering preservation of any
tree on site
30.47.040; Design review standards
Fees and Penalties
• Staff proposes retaining existing Code
Compliance and Citywide Fee Schedule
framework for violations, except for rare and
extreme cases of tree removal or destruction
• Retaining existing tree appraisal and restitution
processes are recommended as an option, but
are generally impractical and more costly to City
due to necessary Legal involvement