Agenda packet — Oroville City Council, March 19, 2024 (part 2 of 2)

Task 8 - would involve performing survey cross-sections along Norton Street from Bridge Street to Montgomery Street at approximate 25-foot intervals and would include location edge of pavement, curb, gutter and sidewalk, curb ramps, driveways, utility poles, sign posts, utility poles, fire hydrants, fence corners, gates, ditch flowlines, ends of culverts, trees larger than four inches in diameter, mailboxes, pavement markings and surface visible utilities. When pipes are visible for sanitary sewer and storm drainage facilities pipe sizes and invert elevations would be measured. Work would include surveying the Montgomery Street intersection for an approximate length of 130 feet and the Bridge Street intersection for an approximate length of 120 feet.

Task 9 - would involve importing found property corner monuments from Task 4 into AutoCAD software and resolving right-of-way lines based on Task 2 information. Right-of-way lines would be shown within reasonable accuracy. Should right-of-way acquisitions be necessary additional review may be required.

Task 10 - would involve drafting topographic survey data collected in Tasks 6 and 7 and compiling the data with drone aerial topographic surveying and aerial images to create one AutoCAD file per project. Work would include drafting the topographic survey collected in Task 8. PDF’s of the surveys for each site would be provided to the City in PDF format.

Task 11 - would involve coordination with the geotechnical engineering consultant regarding soil testing and pavement recommendations for the three project sites. Pavement rehabilitations recommendations would be provided to the City for review and approval. Subsequent tasks would not begin until this task is complete.

Task 12 - would involve preparation of conceptual improvement layout sheets for the three site that would depict new pavement limits, curb ramp and sidewalk improvements, measuring quantities for each project and preparation of an itemized construction cost estimate for each of the sites Task 13 - would involve creation of existing ground surfaces utilizing AutoCAD software for the roadways for the three project sites, creating roadway alignments and existing ground profiles to depict the existing ground and setup of plan and profile sheets for all three projects.

Task 14 - would involve roadway design and preparation of improvement plans for Georgia Pacific Way.

Work would include design of a road centerline profile for the pavement surfacing finish grade, layout of striping and pavement markings, design of replacement curb ramps at the locations surveyed in Task 6 and regrading roadside ditches as necessary to provide positive drainage.

Plans would include centerline monuments to be preserved, typical roadway cross-sections, details for curb ramps, striping and pavement markings and notes. Improvement plans would consist of a cover sheet, overall project layout sheet, plan and profile sheets, striping plan sheets and notes and details sheets.

Task 15 - would involve roadway design and preparation of improvement plans for Oroville Dam Boulevard East. Work would include design of a road centerline profile for the pavement surfacing finish grade, layout of striping and pavement markings (including bicycle lanes per City provided layout), design of replacement curb ramps at the locations surveyed in Task 7 and curb and gutter and sidewalk along the northwesterly side of the road along The Courtyard Apartments. Plans would include centerline monuments to be preserved, typical roadway cross-sections, details for curb ramps, striping and pavement markings and notes.

Improvement plans would consist of a cover sheet, overall project layout sheet, plan and profile sheets, striping plan sheets and notes and details sheets.

Task 16 - would involve roadway design and preparation of improvement plans for Norton Street. Work would include design of a road centerline profile for the pavement surfacing finish grade, layout and design of curb and gutter on both sides of the road, layout of pavement markings and 169
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design of replacement curb ramps at the locations surveyed in Task 8. Plans would include centerline monuments to be preserved, typical roadway cross-sections, details for curb ramps, pavement markings and notes. Improvement plans would consist of a cover sheet, overall project layout sheet, plan and profile sheets, striping plan sheets and notes and details sheets.

Task 17 - would involve design and preparation of an erosion and sediment control plan sheets for the three project sites that would include notes and details for BMP’s.

Task 18 - would involve preparation of an engineer’s quantity and cost estimate for the three project sites based on the improvement plans.

Task 19 - would involve preparation of technical specifications for the three project sites.

Task 20 - would involve receiving general conditions, special conditions and other bid book documents from the City of Oroville and compiling the documents to create contract documents for the three project sites.

Task 21 - would involve attending a maximum of four project meetings in Oroville or conference calls.

The cost to complete the above tasks would be:

Project Name
Georgia
Pacific Way
Oroville Dam
Blvd. East
Norton
Street
Sum of all three
projects
Tasks 1 – 10 $39,300.00 $35,200.00 $19,500.00 $94,000.00 Tasks 11 – 12 $5,000.00 $3,800.00 $1,700.00 $10,500.00
Tasks 13 – 20 $44,850.00 $51,250.00 $29,400.00 $125,500.00 Task 21 $450.00 $450.00 $450.00 $1,350.00
Tasks A & B $4,800.00 $5,900.00 N/A $10,700.00
Total = $94,400.00 $96,600.00 $51,050.00 $242,050.00
Prevailing wage rates have been used for survey work.

This proposal is based on the following assumptions:

1. A sufficient amount of right-of-way documents would be found during Task 2 and a sufficient amount of property corner monuments would be found during Task 4 to determine right-of-way lines.

2. Work for all three projects would occur concurrently.

If any of the assumptions are found to not be correct the above tasks and costs would need to be revised.

The following items are not included in the scope of professional services:

1. Payment of any fees including title company fees, permit fees, plan check fees, inspection fees, etc.
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2. Obtaining encroachment permits.

3. Excavating or “potholing” existing utilities or piping to determine the location, depth, size and pipe material.

4. Unless specifically provided in the above tasks, performing a topographic survey utilizing conventional survey equipment. A subconsultant will be providing an aerial topographic survey for portions of the projects.

5. Surveying the location of landscape sprinkler heads.

6. Preparation of a record of survey.

7. Determining easement locations.

8. Preparation of a soils report or performing soil testing. A separate proposal for geotechnical engineering services will be provided.

9. Performing any redesign work after receiving approval of the conceptual improvement layout sheets.

10. Design to replace non-ADA compliant sidewalks.

11. Design to replace non-ADA compliant driveways.

12. Layout or design of new or replacement signs.

13. Depicting existing utilities in profile views.

14. Design of facilities within the Caltrans or railroad right-of-way.

15. Design or preparation of plans for sanitary sewer, water or storm drain infrastructure.

16. Design or preparation of plans for relocating existing utilities.

17. Design of any stormwater “post-construction” or “Low Impact Development” (LID) features.

18. Design or preparation of plans for landscaping and irrigation improvements.

19. Design or preparation of plans for retaining walls.

20. Design or preparation of plans for fencing.

21. Design or preparation of plans for stairs, pedestrian ramps or handrails.

22. Design or preparation of plans for lighting.

23. Design or preparation of plans for electric facilities.

24. Providing road cross-sections.

25. Conducting or providing assistance with project bidding.

26. Responding to Requests for Information during project bidding and construction.

27. Providing construction administration.

28. Preparation of a Storm Water Pollution Prevention Plan.

29. Providing survey control data.

30. Construction staking.

31. Reviewing material submittals or performing contract administration.

32. Performing construction inspection or preparation of as-built plans.

33. Other than as provided in Task 21, preparation for and attendance at meetings that are required by the owner, contractor or public agency will be provided on a time and materials basis and would be in addition to the proposed cost.

Thank you for the opportunity to submit this proposal for your review and consideration. Please call if you have any questions.

Sincerely,

ROLLS, ANDERSON & ROLLS
Keith Doglio
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RON BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: CALRECYCLE FISCAL YEAR 2023-2024 TDA22 TIRE-DERIVED

AGGREGATE GRANT PROGRAM
DATE: MARCH 19, 2024

SUMMARY
The Council will consider ratifying the submission to the Cal Recycle 2023-2024 TDA22: Tire-Derived Aggregate Grant Program in the amount of $228,139.

DISCUSSION
The Department of Resources Recycling and Recovery (CalRecycle) administers a program to provide opportunities to divert waste tires from landfill disposal, prevent illegal tire dumping, and promote markets for recycled-content tire products.

The Tire-Derived Aggregate (TDA) Grant Program provides assistance for solving a variety of engineering challenges. TDA, which is produced from shredded tires, is lightweight, free-draining, and a less expensive alternative to conventional lightweight aggregates.

The goal is to decrease the adverse environmental impacts created by unlawful disposal of stockpiling of waste tires. On February 27, 2024, the City of Oroville was awarded a 1-year 2023-2024: TDA22 Tire-Derived Aggregate Grant in the amount of $228,139 for the Hewitt Park Beautification and Enhancement Project. The TDA will be used to in the place of drain rock in two areas of the park:

Area 1: Behind a five-foot retaining wall in place of drain rock. The purpose is to collect runoff and allow percolation into soil.

Area 2: Under our playground fall material to drain the water into the soil.

Total tons anticipated to be used in the Hewitt project is 522 tons.

Funds will be reimbursed to the City for amounts not to exceed $228,139. 172
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FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATION
Adopt Resolution No. – APPROVAL OF THE CALRECYCLE FISCAL YEAR 2023- 2024 TDA22 TIRE-DERIVED AGGREGATE GRANT PROGRAM

ATTACHMENTS

1. Resolution No.

2. Agreement No.
173
Item 12.

CITY OF OROVILLE
RESOLUTION NO. 9236

A RESOLUTION OF THE OROVILLE CITY COUNCIL RATIFYING ALL DOCUMENTS RELATING TO CALRECYCLE FISCAL YEAR 2023-2024
TDA22 TIRE-DERIVED AGGREGATE GRANT PROGRAM AND DIRECTING

THE MAYOR TO EXECUTE ALL PROGRAM DOCUMENTATION
(Agreement No. )
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby ratifies all documents relating to the CalRecycle 2023-2024 TDA22: Tire-Derived Aggregate Grant Program authorizing and directing the Mayor to execute all program documentation.
b. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on March 19, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster Acting City Clerk 174
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RON BELSER, DIRECTOR CODE ENFORCEMENT
RE: CALRECYCLE FISCAL YEAR 2023-2024 TRP16 RUBBERIZED
PAVEMENT GRANT PROGRAM.

DATE: MARCH 19, 2024

SUMMARY
The Council will consider ratifying the submission to the Cal Recycle TRP16: 2023- 2024: Rubberized Pavement Grant Program in the amount of $100,000.

DISCUSSION
Cal Recycle’s provides the Rubberized Pavement Grant Program to promote markets for recycled-content surfacing products made from waste tires generated in California.

The goal is to decrease the adverse environmental impacts created by unlawful disposal of stockpiling of waste tires.

Rubberized Asphalt Concrete (RAC) is a proven road paving material used in California since the 1970’s. RAC is made by blending ground tire rubber with asphalt binder, then mixing the blended materials with conventional materials. Roads made with RAC last 50% longer than roads made only with conventional material.

On February 27, 2024, the City of Oroville was awarded a 1-year 2023-2024: Rubberized Pavement Grant Program TRP16 in the amount of $100,000. Funds will be reimbursed to the City for amounts not to exceed $100,000. The scope of work is to aid in a City of Oroville roadway project where Rubberized Asphalt Concrete can be utilized.

FISCAL IMPACT
No impact to the General Fund.
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RECOMMENDATION
Adopt Resolution No. – APPROVAL OF THE CALRECYCLE FISCAL YEAR 2023- 2024 TRP16 RUBBERIZED PAVEMENT GRANT PROGRAM.

ATTACHMENTS

1. Resolution No.
176
Item 13.

CITY OF OROVILLE
RESOLUTION NO. 9237

A RESOLUTION OF THE OROVILLE CITY COUNCIL RATIFYING ALL DOCUMENTS RELATING TO CALRECYCLE FISCAL YEAR 2023-2024
TRP16 RUBBERIZED PAVEMENT GRANT PROGRAM AND DIRECTING

THE MAYOR TO EXECUTE ALL PROGRAM DOCUMENTATION
(Agreement No. )
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby ratifies all documents relating to the CalRecycle TRP16: 2023-2024 RUBBERIZED PAVEMENT
GRANT PROGRAM authorizing and directing the Mayor to
execute all program documentation.
b. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on March 19, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster Acting City Clerk 177
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JOSH FREITAS, ASSISTANT ENGINEER
RE: PROPOSED STRIPING AND SAFETY IMPROVEMENTS FOR

MONTGOMERY STREET
DATE: MARCH 19, 2024

SUMMARY
The Council may discuss proposed improvements to Montgomery Street and give direction to staff on how to proceed.

DISCUSSION
Members of the planning commission have presented some ideas to staff regarding roadway safety along Montgomery Street. NorthStar Engineering is currently developing the Downtown Slurry Project. Some of the suggested improvements include:
 3-foot striped buffer zone on each side, between on-street parking and the travel lane.  Eliminating ceramic traffic dot delineation and installing traditional traffic striping.  Caltrans High Visibility Wet/Night Thermoplastic Striping.

Staff is also proposing redesigning the intersections along Montgomery Street to include bulbouts. This would be an ongoing design and CUPCCA construction project not included in the Downtown Slurry Project. This would result in shorter crossing distances, higher visibility for pedestrians preparing to cross, ADA compliance and some traffic calming.

Staff is proposing as a temporary solution until such time as each intersection is addressed, to paint all street corner curbs along Montgomery Street red for the length of one car in each direction to aid in visibility and safety for pedestrians crossing.

FISCAL IMPACT
No fiscal impact at this time.

RECOMMENDATION
Staff recommends Council provide direction to staff on proposed improvements. 178
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ATTACHMENTS
Proposed Montgomery Street Changes Exhibit
179
Item 14.
11' Travel Lane 11' Travel Lane 8' On Street Parking 8' On Street Parking 8' On Street Parking 14' Travel Lane 14' Travel Lane 8' On Street Parking Proposed Striping Plan 3' Buffer Zone 3' Buffer Zone Existing Layout Temporary Option to Paint Corners Red Out to 20 Feet from Intersections and Make No Parking to Aid in Seeing Pedestrians on Corners. Future Option to install Bulb-Outs on all Intersections. This will result in: · Shorter Crossing Distances · Drivers Can See Pedestrians on Corners · Has Some Traffic Calming Effects PUBLIC WORKS 1735 MONTGOMERY STREET CITY OF OROVILLE OROVILLE, CALIFORNIA 95964 (530) 538-2420 DATE NO. REVISION APPROVED BY APP'D FIELD BOOK ELEVATION DATUM DRAWN CHECKED DESIGNED SCALE 1" = 10' SHEET FILE NO. 1 Proposed Montgomery Street Changes OROVILLE PUBLIC WORKS -- SHEETS 1 OF 180 Item 14.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: MAYOR PITTMAN AND COUNCIL MEMBER WEBBER
RE: FOURTH OF JULY FIREWORKS CONTRIBUTION OPTIONS
DATE: MARCH 19, 2024

SUMMARY
At the request of Mayor Pittman and Council Member Webber, the City Council will discuss and consider making a contribution to the Oroville Economic Alliance to help offset the costs of the annual 4th of July fireworks show.

FISCAL IMPACT
$16,000 is available in the Community Enhancement budget unit.

RECOMMENDATION
Provide staff direction with regard to any contribution to submit to the Oroville Economic Alliance for the annual 4th of July fireworks show.

ATTACHMENTS
None
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: AMBER MILAND, COMMUNICATIONS DIRECTOR
RE: APRIL 18, 2024, CHAMBER OF COMMERCE ANNUAL DINNER

AND AWARDS CEREMONY
DATE: MARCH 19, 2024

SUMMARY
The Oroville Chamber of Commerce Communications Director has requested that the City Council sponsor one table at their Annual Chamber of Commerce Dinner and Awards Ceremony, which will be held on April 18, 2024 at Feather Falls Casino.

Historically, the City Council has purchased a table for this event.

FISCAL IMPACT
The cost is $575.00 for a reserved table of 8.

RECOMMENDATION
Purchase one table.

ATTACHMENTS
Annual Dinner Postcard
182
Item 16.
183
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR

CONNOR MUSLER, CONTRACT PLANNER
RE: SECOND READING OF ZONING CODE AMENDMENT (ZC) 23-03, AMENDING SECTION 17.12.060 (TREE PRESERVATION),
SECTION 17.12.065 (OAK TREE LOSS MITIGATION) AND
SECTION 17.48.070 (TREE REMOVAL PERMITS) OF THE

OROVILLE MUNICIPAL CODE (OMC)
DATE: MARCH 19, 2024

SUMMARY
The Council will consider adopting ZC 23-03, amending the City’s oak tree loss mitigation standards, requirements, and applicability as found in Section 17.12.065 of the Oroville Municipal Code (OMC). ZC 23-03 would also amend Section 17.12.060 pertaining to tree preservation requirements and Section 17.48.070 pertaining to the City’s tree removal permit requirements.

BACKGROUND
On January 2, 2024, the City Council conducted a public hearing and introduced by title ZC 23-03. After soliciting public comment and discussion with Staff, the Council requested minor modifications to the proposed ordinance, primarily concerning permit exceptions for non-native trees and specific tree species. To address these requests, Staff analyzed the modifications proposed under ZC 23-03 and are proposing the following modifications:
 Move permit and mitigation exceptions from Section 17.12.065 (Oak Tree Loss Mitigation) to Section 17.48.070 (Tree Removal Permits).  Expand the applicability of 17.48.070 (Tree Removal Permits) to include what is NOT considered a protected tree and provide a list of specific tree species that are considered invasive, highly flammable, or do not inherently contain value as habitat.

By moving exceptions to permits and mitigation to Section 17.48.070 (Tree Removal Permits), the applicability is expanded from solely oak trees to all trees, including non184 Item 17.

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native species. Additionally, by clarifying what is not considered a protected tree, property owners would be able to remove certain non-native, invasive, tree species that are not inherently of value, nor encouraged to be planted by the goals, policies, and actions of the 2030 General Plan. Article 7, Section 4 of the Charter of the City of Oroville and Government Code 36934 allows for ordinances to be altered after introduction.

DISCUSSION
The City currently has three primary municipal code sections pertaining to trees and their preservation and removal. Section 17.12.060 pertains to tree preservation requirements, Section 17.12.065 pertains to oak tree loss mitigation requirements, and Section

17.48.070 pertains to the City’s tree removal permit requirements. Section 17.12.065 “Oak Tree Loss Mitigation” was added to the Oroville Municipal Code in 2015 as part of the larger “Oroville Sustainability Code Updates”; a collection of updates to bring the City’s zoning code and planning documents in compliance with the 2030 General Plan that was adopted on June 2, 2009.

These three code sections are intended to work in coordination with each other, however, they currently lack clear and proper cross-referencing, and, in the case of Section 17.12.065 “Oak Tree Loss Mitigation,” contain burdensome regulations and a lack of detailed exceptions for routine maintenance or the protection of property and public safety.

The intent of this ordinance is to:
 Simplify the City’s oak tree mitigation requirements; and  Ensure the City’s codes pertaining to tree removal and permitting requirements do not conflict and are properly referenced within applicable code sections; and  Balance the ability of property owners to remove trees on their properties while recognizing the key factor that trees have in contributing to Oroville’s beauty and natural environment.

Based on direction received from the City Council, staff began preparing an update to the City’s oak tree mitigation regulations to simplify the overall regulations found within Section 17.12.065 of the OMC. Staff researched the cities of Chico, Rocklin, Roseville, Folsom, Fremont, and the County of Butte to further analyze how each jurisdiction approached tree removal permits and mitigation requirements and compare how the City’s current regulations compared. Staff found that the City’s current regulations were similar to the jurisdictions researched, however, the City’s regulations had a more burdensome replacement ratio of 2 inches of oak tree for every 1 inch removed and a lack of clearly outlined exceptions to the mitigation requirements.

The following changes are proposed:

Amend the Replacement Ratio
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Currently, oak trees must be replaced at a 2:1 ratio (2 inches of replacement oak tree for every 1 inch removed). Staff are proposing to simplify the replacement standards to be a 1:1 ratio (1 inch of replacement oak tree for every 1 inch removed), with the replacement trees planted at a minimum size of 15 gallons.

Expand the Scenarios where Mitigation is Exempt
Currently, the only exception to the mitigation requirements of the oak tree ordinance is for “trees removed due to poor tree health or because removal furthers urban forestry or land management practices that support the health of native plant communities, as determined by the director of parks and trees or designee.” Staff are proposing to expand the list of exceptions to the tree removal permit and mitigation requirements to include:
 Removal of a tree that is damaged and removal is necessary to protect persons and property from imminent damage.
 Removal by fire department personnel actively fighting fire.  When removal is determined as necessary by fire department personnel as part of fuel modification or defensible space requirements, as detailed in a defensible space inspection/report.
 Routing trimming and maintenance which do not damage or result in the death of the tree.
 Removal of a dead, dying, or tree in poor health, as determined by an arborist.

The Planning Commission held a workshop on the proposed oak tree mitigation ordinance update at their September 28, 2023, meeting. Following that workshop, staff proposed two (2) additional mitigation exceptions and one (1) revised exception. 186
Item 17.

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The two (2) additional proposed mitigation exceptions were:
 Removal of an interior live oak, unless meeting the criteria for classification as a heritage tree; and
 When removal is determined as necessary by the property owner’s insurance provider, as detailed in an insurance report or other formal correspondence, to maintain homeowners’ insurance coverage.

The proposed revised exception was:
 Removal of a tree on a property developed with a single-family dwelling unit, provided that the following criteria is met:
o The developed lot is not greater than 1020,000 square feet in area and is zoned either RR-20, RR-10, RL, R-1, or R-2.
o The developed lot is located outside of the Foothill Overlay (F-O) district. o If the developed lot is located within the Foothill Overlay (F-O) district, the oak tree(s) proposed to be removed must be located within the rear or side yard within the rear or side yard not outside of a setback area abutting a street.

These three mitigation exceptions that resulted from the Planning Commission workshop were added with the intent of assisting property owners who wish to create defensible space around their homes and assist owners within the Wildland Urban Interface (WUI) to maintain insurance coverage.

Mitigation Option – In-Lieu Fee
One of the mitigation options allowed by the oak tree ordinance is the payment of an inlieu fee. The City does not currently have an in-lieu fee established within the City’s fee schedule. Based on correspondence from the City’s arborist/parks, streets, and trees supervisor, staff proposes an in-lieu fee set at $220 per inch that needs to be mitigated.

This is broken down as $55-$60 for a 15-gallon tree, with an average of 2 crew hours ($75 an hour per crew member) spent to plant the tree, stake it, etc. plus $10 for miscellaneous expenses such as tree stakes.

Additional changes are proposed to OMC Sections 17.12.060 (Tree Preservation) and

17.48.070 (Tree Removal Permits). Staff are proposing to combine Section 17.12.060 and Section 17.48.070 to minimize cross referencing for two code sections that work in close coordination with each other. Minor updates are also proposed to ensure proper cross-reference between the oak tree mitigation requirements and the tree removal permit section and updates to the department director positions referenced within the code sections.

The Planning Commission conducted a public hearing at a special meeting on November 16, 2023, and adopted Resolution No. 2023-20 by a vote of 4-0, with three commissioners absent, recommending that the City Council adopt the proposed 187
Item 17.

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ordinance.

Following the Planning Commission’s adoption of Resolution No. 2023-20, the Butte Fire Safe Council provided comments on the proposed ordinance, which is included as Attachment 4.

ENVIRONMENTAL REVIEW
Zoning Code Amendment ZC23-03 is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of Environment). These exemptions cover actions taken to assure the maintenance, restoration, enhancement, or protection of natural resources or the environment where the regulatory process involves procedures for the protection of the environment. The proposed amendments to the OMC maintain regulations requiring permits for the removal of trees, including oak trees, meeting specific size criteria outlined in Title 17. Exceptions to permits and mitigation are limited to include routine tree maintenance, or when removal is determined as necessary to protect life, prevent damage to property, or for purposes of fuel management, while minimizing the removal of mature heritage trees. The proposed Zoning Code Amendment also is not subject to CEQA pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

FISCAL IMPACT
There is minimal fiscal impact associated with the recommended actions.

RECOMMENDATION

1. Adopt Ordinance No. 1877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.12.060 “TREE
PRESERVATION”, SECTION 17.12.065 “OAK TREE LOSS MITIGATION”, AND SECTION 17.48.070 “TREE REMOVAL PERMITS”

2. Adopt Resolution No. 9213 amending the City’s master schedule of user and regulatory fees by adding an Oak Tree Mitigation In-Lieu Fee to the Planning Fees

ATTACHMENTS

1. Ordinance No. 1877

2. Resolution No. 9213

3. November 16, 2023, Planning Commission Package.

4. Public Comments from Butte Safe Fire Council

5. Ordinance with Track Changes
188
Item 17.

CITY OF OROVILLE
ORDINANCE NO. 1877

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.12.060 “TREE PRESERVATION”, SECTION 17.12.065 “OAK TREE LOSS MITIGATION”, AND SECTION 17.48.070 “TREE REMOVAL PERMITS” WHEREAS, the City of Oroville has prepared an Ordinance to amend Section

17.12.060 “Tree Preservation”, Section 17.12.065 “Oak Tree Loss Mitigation”, and Section 17.48.070 “Tree Removal Permits”; and
WHEREAS, the Oroville 2030 General Plan sets forth goals, objectives, and policies to protect, manage, and expand urban forestry and native vegetation while also considering public safety; and
WHEREAS, the City of Oroville currently requires tree removal permits to protect the City’s mature trees and a tree removal permit must be obtained prior to the removal of a protected tree, including native oak trees; and
WHEREAS, OMC Section 17.12.065 establishes regulations to protect native oak trees and outlines requirements for mitigation when removed; and WHEREAS, City Staff identified challenges in implementing the current oak tree mitigation code as written and received direction from the City Council to identify opportunities to address those challenges; and
WHEREAS, the proposed amendments to OMC Section 17.12.065 include expanding the exceptions to the permit and mitigation requirements and simplifying the mitigation replacement ratio; and
WHEREAS, amendments are also proposed to Sections 17.12.060 and

17.48.070; and
WHEREAS, the Oroville Development Review Committee reviewed the proposed amendments at their regular meeting on September 14th, 2023; and WHEREAS, the Oroville Planning Commission held a workshop at their September 28, 2023, meeting requesting modifications to the proposed ordinance and subsequently held a special meeting on November 16, 2023, and recommends that the City Council adopt the proposed changes to Section 17.12.060, Section 17.12.065, and Section 17.48.070; and
WHEREAS, the City Council conducted a public hearing and introduced by title only the proposed ordinance and requested additional minor modifications relating to permit exceptions; and
189
Item 17.

WHEREAS, Article 7, Section 4 of the Charter of the City of Oroville provides that a proposed ordinance may be amended or modified between the time of its introduction and the time of its final passage, provided its general scope and original purposes are retained; and
WHEREAS, staff have prepared said minor modifications and clarifications pertaining to permit exceptions; and
WHEREAS, the proposed amendments are internally consistent with other applicable provisions of the Zoning Code, the 2030 General Plan, and compatible with the uses authorized in the applicable zoning districts for which the revisions are proposed; and
WHEREAS, adoption of this Ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of Environment). These exemptions cover actions taken to assure the maintenance, restoration, enhancement, or protection of natural resources or the environment where the regulatory process involves procedures for the protection of the environment. The proposed amendments to the OMC maintain regulations requiring permits for the removal of trees, including oak trees, meeting specific size criteria outlined in Title 17. Exceptions to permits and mitigation are limited to include routine tree maintenance, or when removal is determined as necessary to protect life, prevent damage to property, or for purposes of fuel management, while minimizing the removal of mature heritage trees. The proposed Zoning Code Amendment also is not subject to CEQA pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the code changes described herein and considered the City’s staff report regarding the project.

NOW, THERFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF OROVILLE DO ORDAIN AS FOLLOWS:

SECTION 1: Findings.

The City Council of the City of Oroville adopts and finds as true and correct the aforementioned recitals and incorporate them herein as findings.

Section 2: Amendment to the Oroville Municipal Code Section 17.12.060 (Tree Preservation)
The Oroville Municipal Code Section 17.12.060 (Tree Preservation) is hereby repealed and amended to read as follows:
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17.12.060 RESERVED
Section 3: Amendment to the Oroville Municipal Code Section 17.12.065 (Oak Tree Loss Mitigation)
The Oroville Municipal Code Section 17.12.065 (Oak Tree Loss Mitigation) is hereby amended to read as follows:
17-12.065 Oak Tree Loss Mitigation
A. Purpose.

Oroville’s native oak trees provide wildlife habitat, control erosion, maintain water flow and quality, moderate temperatures, improve air quality, and contribute to the aesthetic character of the area. The purpose of this section is to preserve Oroville’s valuable native oak trees by protecting them during grading and construction, minimizing their removal, replacing them when removal is approved, and monitoring them to ensure that they are maintained.

B. Applicability. The requirements of this section apply to any native oak tree on public or private land with the following minimum diameter at breast height (dbh) (i.e., 4.5 feet from the ground):

1. Single main trunk: 6 inches.

2. Multiple trunks (in aggregate): 10 inches.

3. Heritage Tree: 24 inches
“Native oak tree” means an oak tree that is native to Butte County’s natural oak communities, including valley oak, black oak, blue oak, and canyon oak. Interior live oak, while native to Butte County, is not included in this definition and their removal is not subject to the requirements of this section unless meeting the criteria for classification as a heritage tree.

C. Permits Required.

1. Tree Removal. The city requires a tree removal permit in accordance with Section 17.48.070 to remove any oak tree that meets the applicability criteria above in subsection B (Applicability). The property owner must file a tree survey and an oak tree preservation plan with the community development department before the city will issue a permit. The plan shall describe all efforts to preserve trees to the extent feasible, replace trees that are removed, and maintain replacement trees. In addition, the plan shall address replacing any replacement trees that do not survive.

2. Grading. Grading projects shall retain oak trees wherever possible. To receive a grading permit, applicants must address oak tree preservation in their grading plan by identifying methods to:
a. Identify trees to be retained, through flagging or other obvious marking methods, prior to any grading.
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b. Avoid compaction of the root zone and mechanical damage to trunks and limbs by installing temporary fencing along the outermost edge of the dripline of each retained tree or group of trees.
c. Avoid trenching within driplines of retained trees. Any required utility line poles within the dripline should be installed by boring or drilling through the soil.

3. Heritage Trees.
a. Grading, filling, trenching, paving, irrigation, and landscaping plans shall avoid the removal of or damage to the health of a heritage tree. b. A heritage tree may only be removed when approved as appropriate by a certified arborist, and upon receiving a tree removal permit in accordance with subsection (C)(1).

D. Mitigation Options. An applicant who has received a tree removal permit shall mitigate the removal by completing one or a combination of the following options, as well as paying a monitoring fee per tree as set by the city council.

1. On-Site Replacement. Where physically feasible, a tree removed under a tree removal permit shall be replaced on the same property, in accordance with the standards in subsection F (Replacement Standards).

2. In-Lieu Fee. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may pay an in-lieu fee as set by the city council.

3. Off-Site Replacement. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may plant replacement trees off site if:
a. The off-site location is permanently protected under a conservation easement that includes a maintenance plan that meets the requirements in subsection F (Replacement Standards).
b. The off-site location is appropriate for oak tree plantings, as determined by the director of public works or designee.
c. The off-site location is sufficient to plant and maintain replacement trees in accordance with the standards in subsection F (Replacement Standards).

E. Exceptions to Permits and Mitigation Requirements. Exceptions to permit and mitigation requirements shall be as specified in Section 17.48.070.

F. Replacement Standards. Replacement trees must meet the following standards.

1. Replacement Ratio. Each inch in dbh of oak removed shall be replaced by 1 inch of native oaks (1:1 ratio), using trees planted at a minimum size of 15 gallons.
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2. Timeframe. The schedule for planting of the replacement trees shall be subject to approval by the review authority as detailed in Section

17.48.070(C)(3).

3. Maintenance. The applicant is responsible for protecting the health of a replacement tree. Replacement trees shall be irrigated in accordance with Oroville Municipal Code Section 17.12.050 (Landscaping standards). A replacement tree that dies within 5 years shall be replaced on a one-to-one basis.

4. Monitoring. The applicant shall monitor the replacement tree and report its health status to the community development department annually, or upon request, for 5 years following planting.

5. Damage. Purposeful damaging or neglect of a replacement tree will invalidate the tree removal permit.

G. Oak Tree Maintenance Fund. The city shall place in-lieu tree-removal fees in an oak tree maintenance fund to be expended only for the following:

1. Planting New Trees. Planting oak trees on public and private property within Oroville. These expenditures may include purchasing and planting trees, preparing the land for planting, and installing irrigation improvements. Private property owners may apply to have an oak tree planted on their property at public expense, provided the expense does not exceed the in-lieu fee amount.

2. Maintaining Existing Trees. Caring for and preserving existing oak trees on public property or easements.

H. Monitoring. The community development department shall prepare an annual report that addresses the following topics:

1. Tree Inventory. The report shall inventory all replacement trees, including their type and health status, as reported by an applicant.

2. Fund Accounting. The report shall account for the balance in the oak tree mitigation fund and summarize the use to which the fund was put during the preceding year.

I. Fines. The city may issue a fine for the destruction of an oak tree in violation of this section. Fines may be as high as the cost to replace and maintain up to 3 times the number of trees required by this section. The city shall deposit funds received from fines in the oak tree mitigation fund. (Ord. 1819 § 3, 2017).

Section 4: Amendment to the Oroville Municipal Code Section 17.48.070 (Tree Removal Permits)
The Oroville Municipal Code Section 17.48.070 (Tree Removal Permits) is hereby amended to read as follows:
17-48.070 Tree Removal Permits
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A. Purpose. The purpose of requiring tree removal permits is to preserve the city’s mature trees by placing appropriate restrictions on their removal, while also allowing the removal of trees when necessary to protect the health, safety and welfare of the public.

B. Applicability. The removal of any protected tree requires approval of a tree removal permit. The requirements of this section shall apply to any protected tree.

1. A protected tree is defined as:
a. Any tree on public property; or
b. Any tree on private property that has a trunk diameter of at least 24 inches at 54 inches above grade.
c. An oak tree meeting the criteria of Section 17.12.065.

2. A protected tree does not include the following species: Ailanthus, Chinese Tallow, Freemont Cottonwood or Poplar, Privet, Box Elder, Eucalyptus, Silver Wattle, Black Acacia, English Hawthorn, Red Gum, Tasmanian Blue Gum, Edible Fig, English Holly, Cherry Plum, Black Locust, Peruvian Peppertree, Brazilian Peppertree, Palm, Western Catalpa, Chinese Elm or Winged Elm; or fruit and nut trees.

C. Exceptions to Permits and Mitigation Requirements. A tree removal permit or mitigation shall not be required for the following circumstances:

1. When a tree is damaged and the city administrator, director of public works, director of community development, public safety personnel, code enforcement officer, or their designees has determined that its immediate removal is necessary to protect persons from imminent personal injury or to prevent imminent and substantial damage to property.

2. Removal of an interior live oak, unless meeting the criteria for classification as a heritage tree.

3. When removal is determined to be necessary by fire department personnel actively engaged in fighting a fire.

4. When removal is determined to be necessary by fire department personnel to comply with fuel modification requirements or defensible space requirements, as detailed in a defensible space inspection/report.

5. When removal is determined as necessary by the property owner’s insurance provider, as detailed in an insurance report or other formal correspondence, to maintain homeowners’ insurance coverage.

6. Routine trimming, pruning, or maintenance which does not cause damage or death of a tree.

7. Removal of a tree that is dead, dying, or in poor health as determined by a certified arborist.
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8. Removal of a tree on a property developed with a single-family dwelling unit, provided that the following criteria is met:
a. The developed lot is not greater than 20,000 square feet in area and is zoned either RR-20, RR-10, RL, R-1, or R-2.
b. The developed lot is located outside of the Foothill Overlay (F-O) district. (1) If the developed lot is located within the Foothill Overlay (F-O) district, the tree(s) proposed to be removed must be located outside of a setback area abutting a street.

D. Application.

1. Application for a tree removal permit shall be made in a form prescribed by the zoning administrator and accompanied by a fee established by resolution of the city council. Only the owner of the site or their authorized agent may apply for a tree removal permit.

2. The application for a tree removal permit shall include a map depicting the location, size and type of all trees within or immediately adjacent to the subject property. The map shall also depict any permanent buildings or structures on the subject property.

3. The review authority for a tree removal permit shall be determined as follows:
a. For trees on public property, unless the removal is associated with a proposed development that requires planning commission approval, the director of public works or designee shall be responsible for issuing tree removal permits.
b. For trees on private property, unless the removal is associated with a proposed development that requires planning commission approval, the zoning administrator shall be responsible for issuing tree removal permits.
c. For any proposed development that requires planning commission approval, the planning commission shall review the trees being removed, and approval of the project shall also be approval to remove all specified trees.

E. Required Findings.

1. A tree removal permit shall not be issued unless the review authority finds, based on substantial evidence, that the owner has demonstrated that the removal is necessary in order to accomplish any one of the following objectives:
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a. To ensure public safety as it relates to the health of the tree, potential hazard to life or property, and proximity to existing or proposed structures, and interference with utilities or sewers.
b. To allow reasonable enjoyment of the property, including sunlight access and the right to develop the property.
c. To pursue good, professional practices of forestry or landscape design.

2. Any action regarding the issuance of a tree removal permit may be appealed, as provided in Section 17.56.100. Subject trees shall not be removed prior to the completion of the required appeal period. (Ord. 1749 § 4; Ord. 1762 § 12)
F. Removal Without a Permit. No person shall remove, cause to be removed, or effectively remove any tree from any property which is subject without first obtaining a tree removal permit, unless otherwise provided by the exceptions of this section (Ord. 1749 § 4).

Section 5: Environmental Determination.

Zoning Code Amendment ZC23-03 is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of Environment). These exemptions cover actions taken to assure the maintenance, restoration, enhancement, or protection of natural resources or the environment where the regulatory process involves procedures for the protection of the environment. The proposed amendments to the OMC maintain regulations requiring permits for the removal of trees, including oak trees, meeting specific size criteria outlined in Title 17. Exceptions to permits and mitigation are limited to include routine tree maintenance, or when removal is determined as necessary to protect life, prevent damage to property, or for purposes of fuel management, while minimizing the removal of mature heritage trees. The proposed Zoning Code Amendment also is not subject to CEQA pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 6: Severability.

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 7: Effective Date.
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This ordinance shall take effect thirty (30) days after the date of its final adoption. The City Clerk shall certify to adoption thereof and cause its publication according to law.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on this 19th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ___________________________ Scott E. Huber. City Attorney Kayla Reaster, Assistant City Clerk 197
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1 RESOLUTION NO. 9213

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING THE CITY’S MASTER SCHEDULE OF USER AND REGULATORY FEES

PERTAINING TO THE ADDITION OF AN IN-LIEU FEE FOR OAK TREE MITIGATION WHEREAS, user and regulatory fees are established by the City Council; and WHEREAS, on February 21, 2023, the City Council conducted a public hearing and adopted Resolution No. 9127, adopting an updated schedule of user and regulatory fees; and
WHEREAS, OMC Section 17.12.065(D)(2) allows an applicant granted a tree removal permit to pay an in-lieu fee as set by the city council; and WHEREAS, the City’s master schedule of user and regulatory fees does not contain said in-lieu fee for oak tree mitigation; and
WHEREAS, in-lieu tree-removal fees shall be placed in an oak tree maintenance fund to be expended only for planting new oak trees and maintaining existing oak trees; and
WHEREAS, City Staff examined the cost of planting an oak tree and propose an in-lieu fee of $220 per inch of oak tree requiring mitigation; and WHEREAS, the in-lieu fee of $220 per inch of oak tree requiring mitigation is broken down as up to $60 for a 15-gallon tree; $75 per crew member, with an average of 2 crew hours spent planting the tree; and $10 for tree stakes and miscellaneous expenses; and
WHEREAS, the Planning Commission of the City of Oroville at a special meeting on November 16, 2023, adopted Resolution No. 2023-20 recommending that the City Council adopt an in-lieu fee of $220 per inch of oak tree requiring mitigation; and WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the changes described herein and considered the City’s staff report regarding the project.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OROVILLE AS FOLLOWS:

SECTION 1. The City Council of the City of Oroville adopts and finds as true and correct the aforementioned recitals and incorporates them herein as findings. 198
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2 SECTION 2. The City Council hereby adopts the amended master schedule of user and regulatory fees by adding an in-lieu fee of $220 per inch of oak tree requiring mitigation to the Planning Fees.

SECTION 3. California Government Code Section 66017, which outlines procedures for adopting fees, any new or increased development fees adopted by the City Council shall go into effect not sooner than 60 days after adoption. Consequently, the proposed amendment shall have an effective date of May 18, 2024. *********
PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on this 19th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

Attachment 3
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1 City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforoville.org
PLANNING COMMISSION STAFF REPORT Thursday, November 16, 2023 RE: Consideration of Zoning Code Amendment (ZC) 23-03 amending Section 17.12.060 (Tree Preservation), Section 17.12.065 (Oak Tree Loss Mitigation) and Section 17.48.070 (Tree Removal Permits) of the Oroville Municipal Code (OMC) SUMMARY: The Planning Commission will consider recommending that the City Council adopt ZC 23-03, amending the City’s oak tree loss mitigation standards, requirements, and applicability as found in Section 17.12.065 of the Oroville Municipal Code (OMC). ZC 23-02 would also amend Section 17.12.060 pertaining to tree preservation requirements and Section 17.48.070 pertaining to the City’s tree removal permit requirements.

RECOMMENDATION: Staff recommends the following actions:

1. Conduct a Public Hearing on the proposed Zoning Code Amendment.

2. Adopt Resolution No. 2023-20 Recommending that the City Council adopt an ordinance amending Sections 17.12.060, 17.12.065, and 17.48.070 of the OMC APPLICANT: City of Oroville
LOCATION: City-Wide GENERAL PLAN: N/A
ZONING: N/A
FLOOD ZONE: N/A
ENVIRONMENTAL DETERMINATION: This proposed Zoning Code Amendment is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of Environment). These exemptions cover actions taken to assure the maintenance, restoration, enhancement, or protection of natural resources or the environment where the regulatory process involves procedures for the protection of the environment. The proposed amendments to the OMC maintain regulations requiring permits for the removal of trees, including oak trees, meeting specific size criteria outlined in Title 17. Exceptions to permits and mitigation are limited to include routine tree maintenance, or when removal is determined as necessary to protect life, prevent damage to property, or for purposes of fuel management, while minimizing the removal of mature heritage trees. The proposed Zoning Code Amendment also is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
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2 DISCUSSION
The City currently has three primary municipal code sections pertaining to trees and their preservation and removal. Section 17.12.060 pertains to tree preservation requirements, Section 17.12.065 pertains to oak tree loss mitigation requirements, and Section

These three code sections are intended to work in coordination with each other, however, they currently lack clear and proper cross-referencing, and, in the case of Section

17.12.065 “Oak Tree Loss Mitigation,” contain burdensome regulations and a lack of detailed exceptions for routine maintenance or the protection of property and public safety.

The following changes are proposed:

REPORT PREPARED BY:
___________________________
Connor Musler, Contract Planner
Community Development Department
REVIEWED BY:
___________________________
Patrick Piatt, Director
Community Development Department
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3 Amend the Replacement Ratio
Currently, oak trees must be replaced at a 2:1 ratio (2 inches of replacement oak tree for every 1 inch removed). Staff are proposing to simplify the replacement standards to be a 1:1 ratio (1 inch of replacement oak tree for every 1 inch removed), with the replacement trees planted at a minimum size of 15 gallons.

Expand the Scenarios where Mitigation is Exempt
Currently, the only exception to the mitigation requirements of the oak tree ordinance is for “trees removed due to poor tree health or because removal furthers urban forestry or land management practices that support the health of native plant communities, as determined by the director of parks and trees or designee.” Staff are proposing to expand the list of exceptions to the oak tree ordinance to include:
 Removal of an oak tree that is damaged and removal is necessary to protect persons and property from imminent damage.
 Removal by fire department personnel actively fighting fire.  When removal is determined as necessary by fire department personnel as part of fuel modification or defensible space requirements, as detailed in a defensible space inspection/report.
 Routing trimming and maintenance which do not damage or result in the death of the tree.
 Removal of a dead, dying, or tree in poor health, as determined by an arborist.

The Planning Commission held a workshop on the proposed oak tree mitigation ordinance update at their September 28, 2023, meeting. Following that workshop, staff proposes two (2) additional mitigation exceptions and one (1) revised exception. 10 Item 1.
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4 The two (2) new proposed mitigation exceptions are:
 Removal of an interior live oak, unless meeting the criteria for classification as a heritage tree; and
 When removal is determined as necessary by the property owner’s insurance provider, as detailed in an insurance report or other formal correspondence, to maintain homeowners’ insurance coverage.

The proposed revised exception is:
 Removal of an oak tree on a property developed with a single-family dwelling unit, provided that the following criteria is met:
o The developed lot is not greater than 20,000 square feet in area and is zoned either RR-20, RR-10, RL, R-1, or R-2.
o The developed lot is located outside of the Foothill Overlay (F-O) district. o If the developed lot is located within the Foothill Overlay (F-O) district, the oak tree(s) proposed to be removed must be located outside of a setback area abutting a street.

Additional changes are proposed to OMC Sections 17.12.060 (Tree Preservation) and

This proposed ordinance helps implement guiding principles, goals, policies and actions of the City’s 2030 General Plan.

General Plan Guiding Principles:

Livability. Ensure that future development enhances the existing character of our city as 11 Item 1.
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5 a whole, as well as its individual neighborhoods, and has a positive effect on our surroundings and quality of life.

Natural Resources and the Environment. Highlight and protect our unique open spaces, natural resources, underdeveloped areas, specimen trees, riparian zones and wetlands.

General Plan Goals:

Goal CD-1 As the community grows, maintain a coherent and distinctive physical form and structure that reflects Oroville’s unique qualities.

Goal CD-7 Develop Oroville’s major corridors as attractive locations with a diverse mix of land uses and development patterns that include high quality pedestrian-oriented design.

Goal OPS-1 Provide a comprehensive, high-quality system of recreational open space and facilities to maintain and improve the quality of life for Oroville residents.

Goal OPS-5 Maintain and enhance the quality of Oroville’s scenic and visual resources.

Goal OPS-9 Protect areas of significant wildlife habitat and sensitive biological resources to maintain biodiversity among plant and animal species in the City of Oroville and the surrounding area.

General Plan Policies:

P1.1 Require quality architectural and landscaping design as well as durable and efficient materials for all projects.

P2.3 Encourage imaginative design concepts in woodland areas to perpetuate and preserve native trees.

P2.4 Use appropriate landscaping to reduce the effects of surface runoff in developing areas, with an emphasis on native and drought-resistant species, minimization of impervious surfaces, and provisions for recharge.

P2.5 Continue to support and maintain Oroville’s involvement and commitment to the Tree City USA® program.

P2.6 Encourage the planting of trees and other landscape features along Oroville’s corridors to make them interesting, appealing, and inviting.

P1.1 Preserve and develop open space that includes a diversity of passive and active recreational amenities, that is geographically distributed throughout the City, and that is easily accessible by pedestrians and bicyclists.

P3.5 Enhance the wildlife value of the Planning Area’s “urban forest” by landscaping park 12 Item 1.
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6 and recreation lands with native vegetation and by preserving existing trees and shrubs where they offer significant wildlife value.

P9.5 Require the preparation of a site-specific tree management and preservation report by a certified arborist or urban forester for development proposals on sites that contain significant oak woodlands and related habitat. This report shall include recommendations for the retention of healthy mature trees wherever feasible and promote the concept of oak regeneration corridors within project design.

FISCAL IMPACT
There is minimal fiscal impact associated with the recommended actions.

ATTACHMENTS
A. Resolution No. 2023-20
B. Proposed Changes to OMC Section 17.12.060 (Tree Preservation) C. Proposed Changed to OMC Section 17.12.065 (Oak Tree Loss Mitigation) D. Proposed Changes to OMC Section 17.48.070 (Tree Removal Permits) 13 Item 1.
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1 RESOLUTION NO. P2023-20

A RESOLUTION OF THE OROVILLE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT ZONING CODE AMENDMENT (ZC 23-03), THE

PROPOSED AMENDMENTS TO THE OROVILLE MUNICIPAL CODE SECTION

17.12.060 “TREE PRESERVATION”, SECTION 17.12.065 “OAK TREE LOSS MITIGATION”, AND SECTION 17.48.070 “TREE REMOVAL PERMITS” WHEREAS, the Oroville 2030 General Plan sets forth goals, objectives, and policies to protect, manage, and expand urban forestry and native vegetation while also considering public safety; and
WHEREAS, the City of Oroville currently requires tree removal permits to protect the City’s mature trees; and
WHEREAS, a tree removal permit must be obtained prior to the removal of a protected tree, including native oak trees; and
WHEREAS, OMC Section 17.12.065 establishes regulations to protect native oak trees and outlines requirements for mitigation when removed; and WHEREAS, City Staff identified challenges in implementing the current oak tree mitigation code as written and received direction from the City Council to identify opportunities to address those challenges; and
WHEREAS, the proposed amendments to OMC Section 17.12.065 include expanding the exceptions to the permit and mitigation requirements and simplifying the mitigation replacement ratio; and
WHEREAS, amendments are also proposed to Sections 17.12.060 and

17.48.070; and
WHEREAS, at a duly noticed public hearing, the Planning Commission considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the code changes described herein and considered the City’s staff report regarding the project.

NOW, THEREFORE, BE IT RESOLVED BY THE OROVILLE PLANNING COMMISSION AS FOLLOWS:

SECTION 1. The Planning Commission determines:

A. That the proposed amendments are consistent with the General Plan; and B. The proposed amendments are consistent with other applicable provisions of the Municipal Code and compatible with the uses authorized in the applicable zoning districts for which the revisions are proposed.
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2 SECTION 2. The Planning Commission finds that Zoning Code Amendment ZC23-03 is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of Environment).

These exemptions cover actions taken to assure the maintenance, restoration, enhancement, or protection of natural resources or the environment where the regulatory process involves procedures for the protection of the environment. The proposed amendments to the OMC maintain regulations requiring permits for the removal of trees, including oak trees, meeting specific size criteria outlined in Title 17. Exceptions to permits and mitigation are limited to include routine tree maintenance, or when removal is determined as necessary to protect life, prevent damage to property, or for purposes of fuel management, while minimizing the removal of mature heritage trees. The proposed Zoning Code Amendment also is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 3. The Planning Commission hereby recommends that the City Council adopt an ordinance amending the Oroville Municipal Code as set forth in Attachment B amending Section 17.12.060 (Tree Preservation), Attachment C amending Section

17.12.065 (Oak Tree Loss Mitigation), and Attachment D amending Section 17.48.070 (Tree Removal Permits).

SECTION 4. Furthermore, the Planning Commission hereby recommends that the City Council adopt an in-lieu fee of $220 per inch of oak tree requiring mitigation. *********
PASSED AND ADOPTED by the Planning Commission of the City of Oroville at a special meeting on November 16, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVE:

Kayla Reaster, Assistant City Clerk Carl Durling, Chairperson 15 Item 1.
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TREE PRESERVATION 17.12.060
SECTION 17-12.060 TREE PRESERVATION
17-12.060 Tree Preservation
A. Applicability.

1. The requirements of this section shall apply to any protected tree.

2. A protected tree is defined as:
a. Any tree on public property; or
b. Any tree on private property that has a trunk diameter of at least 24 inches at 54 inches above grade.

3. Permit Required. The removal of any protected tree requires approval of a tree removal permit, as provided in Section 17.48.070.

4.1. Removal Without a Permit. If personal injury or property damage is imminently threatened, the fire chief, the chief of police or the zoning administrator may authorize the removal of a protected tree without obtaining the required permit. The removal shall be reported to the zoning administrator within 5 business days. (Ord. 1749 § 4) 16 Item 1.
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OAK TREE LOSS MITIGATION 17.12.065
SECTION 17-12.065 OAK TREE LOSS MITIGATION
Oak Tree Loss Mitigation
A. Purpose.

B. Applicability. The requirements of this section apply to any native oak tree on public or private land with the following minimum diameter at breast height (dbh) (i.e., 4.5 feet from the ground):

1. Single main trunk: 6 inches.

2. Multiple trunks (in aggregate): 10 inches.
“Native oak tree” means an oak tree that is native to Butte County’s natural oak communities, including valley oak, black oak, blue oak, interior live oak, and canyon oak. Interior live oak, while native to Butte County, is not included in this definition and their removal is not subject to the requirements of this section unless meeting the criteria for classification as a heritage tree.

C. Permits Required.

1. Tree Removal. The city requires a tree removal permit in accordance with Section

17.48.070 to remove any oak tree that meets the applicability criteria above in subsection B (Applicability). The property owner must file a tree survey and an oak tree preservation plan with the community development department before the city will issue a permit. The plan shall describe all efforts to preserve trees to the extent feasible, replace trees that are removed, and maintain replacement trees. In addition, the plan shall address replacing any replacement trees that do not survive.

2. Grading. Grading projects shall retain oak trees wherever possible. To receive a grading permit, applicants must address oak tree preservation in their grading plan by identifying methods to:
a. Identify trees to be retained, through flagging or other obvious marking methods, prior to any grading.
b. Avoid compaction of the root zone and mechanical damage to trunks and limbs by installing temporary fencing along the outermost edge of the dripline of each retained tree or group of trees.
c. Avoid trenching within driplines of retained trees. Any required utility line poles within the dripline should be installed by boring or drilling through the soil.

3. Heritage Trees.
a. Grading, filling, trenching, paving, irrigation, and landscaping plans shall avoid the removal of or damage to the health of a heritage tree. 17 Item 1.
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OAK TREE LOSS MITIGATION 17.12.065
b. A heritage tree may only be removed when approved as appropriate by a certified arborist, and upon receiving a tree removal permit in accordance with subsection (C)(1).

2. In-Lieu Fee. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may pay an in-lieu fee as set by the city council.

3. Off-Site Replacement. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may plant replacement trees off site if:
a. The off-site location is permanently protected under a conservation easement that includes a maintenance plan that meets the requirements in subsection F (Replacement Standards).
b. The off-site location is appropriate for oak tree plantings, as determined by the director of parks and trees public works or designee.
c. The off-site location is sufficient to plant and maintain replacement trees in accordance with the standards in subsection F (Replacement Standards).

1. When an oak tree is damaged and the city administrator, director of public works, director of community development, public safety personnel, code enforcement officer, or their designees has determined that its immediate removal is necessary to protect persons from imminent personal injury or to prevent imminent and substantial damage to property.

2. Removal of an interior live oak, unless meeting the criteria for classification as a heritage tree.

3. When removal is determined to be necessary by fire department personnel actively engaged in fighting a fire.

OAK TREE LOSS MITIGATION 17.12.065

6. Routine trimming, pruning, or maintenance which does not cause damage or death of a tree.

7. Removal of an oak tree that is dead, dying, or in poor health as determined by a certified arborist.

8. Removal of an oak tree on a property developed with a single-family dwelling unit, provided that the following criteria is met:
a. The developed lot is not greater than 1020,000 square feet in area and is zoned either RR-20, RR-10, RL, R-1, or R-2.
b. The developed lot is located outside of the Foothill Overlay (F-O) district. (1) If the developed lot is located within the Foothill Overlay (F-O) district, the oak tree(s) proposed to be removed must be located within the rear or side yard notoutside of a setback area abutting a street.

G.E. Replacement Standards. Replacement trees must meet the following standards.

1. Replacement Ratio. Each inch in dbh of oak removed shall be replaced by 2 1 inches of native oaks (1:1 ratio), using trees planted at a minimum size of one 15 gallons. For example, a 6-inch dbh tree may be replaced by four 13-inch trees or 212 threeone-inch trees.

2. Timeframe. A replacement tree shall be planted within 90 days of the removal of the original tree. The schedule for planting of the replacement trees shall be subject to approval by the review authority as detailed in Section 17.48.070(C)(3).

4. Monitoring. The applicant shall monitor the replacement tree and report its health status to the community development department annually, or upon request, for 5 years following planting.

5. Damage. Purposeful damaging or neglect of a replacement tree will invalidate the tree removal permit.

H.F. Oak Tree Maintenance Fund. The city shall place in-lieu tree-removal fees in an oak tree maintenance fund to be expended only for the following:

2. Maintaining Existing Trees. Caring for and preserving existing oak trees on public property or easements.
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OAK TREE LOSS MITIGATION 17.12.065
I.G. Monitoring. The community development department shall prepare an annual report that addresses the following topics:

1. Tree Inventory. The report shall inventory all replacement trees, including their type and health status, as reported by an applicant.

2. Fund Accounting. The report shall account for the balance in the oak tree mitigation fund and summarize the use to which the fund was put during the preceding year.

J.H. Fines. The city may issue a fine for the destruction of an oak tree in violation of this section.

Fines may be as high as the cost to replace and maintain up to 3 times the number of trees required by this section. The city shall deposit funds received from fines in the oak tree mitigation fund. (Ord. 1819 § 3, 2017).
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TREE REMOVAL PERMITS 17.48.070
SECTION 17-48.070 TREE REMOVAL PERMITS
17-48.070 Tree Removal Permits
A. Purpose. The purpose of requiring tree removal permits is to preserve the city’s mature trees by placing appropriate restrictions on their removal, while also allowing the removal of trees when necessary to protect the health, safety and welfare of the public.

B. Applicability. The removal of any protected tree requires approval of a tree removal permit.

The requirements of this section shall apply to any protected tree.

1. A protected tree is defined as:
a. Any tree on public property; or
b. Any tree on private property that has a trunk diameter of at least 24 inches at 54 inches above grade.

A.c.An oak tree meeting the criteria of Section 17.12.065.

B.C. Application.

1. Application for a tree removal permit shall be made in a form prescribed by the zoning administrator and accompanied by a fee established by resolution of the city council.

Only the owner of the site or their authorized agent may apply for a tree removal permit.

3. The review authority for a tree removal permit shall be determined as follows:
a. For trees on public property, unless the removal is associated with a proposed development that requires planning commission approval, the director of parks and trees public works or designee shall be responsible for issuing tree removal permits.
b. For trees on private property, unless the removal is associated with a proposed development that requires planning commission approval, the zoning administrator shall be responsible for issuing tree removal permits. c. For any proposed development that requires planning commission approval, the planning commission shall review the trees being removed, and approval of the project shall also be approval to remove all specified trees.

C.D. Required Findings.

1. A tree removal permit shall not be issued unless the review authority finds, based on substantial evidence, that the owner has demonstrated that the removal is necessary in order to accomplish any one of the following objectives:
a. To ensure public safety as it relates to the health of the tree, potential hazard to life or property, and proximity to existing or proposed structures, and interference with utilities or sewers.
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OAK TREE LOSS MITIGATION 17.12.065
b. To allow reasonable enjoyment of the property, including sunlight access and the right to develop the property.
c. To pursue good, professional practices of forestry or landscape design.

2.E. Removal Without a Permit. If personal injury or property damage is imminently threatened, the city administrator, director of public works, director of community development, public safety personnel, code enforcement officer, or their designees may authorize the removal of a protected tree without obtaining the required permit. The removal shall be reported to the zoning administrator within 5 business days. (Ord. 1749 § 4).
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Attachment 4
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1 Connor Musler
From: Taylor Nilsson <[email protected]>
Sent: Sunday, November 26, 2023 10:40 AM
To: Warren Jensen <[email protected]>
Subject: RE: Contact information
Hi Warren,
I apologize, I do not know why the comments did not send when I replied to this. Hopefully it is not too late for another meeting to bring the comments from Kieran forward.
 The replacement ratio is still too high. So, for a 6-inch DBH oak tree that is removed, then six 15-gallon trees shall be replanted. This will cause an overstocking of trees (too many trees per acre) and increase overall Wildland/Urban fuel loading per acre. The alternative is offsite planting, which sounds like a feel-good approach, at first. However, the problem in this state is that we have too many trees per acre within the wildlands and in some instances in urban settings. Switching to a one tree removed/one tree replaced ratio may be a better alternative.
 “When removal is determined as necessary by fire department personnel as part of fuel modification or defensible space requirements, as detailed in a defensible space inspection/report.”
o Oroville Fire Department is now run by CAL FIRE. If they have the capacity to perform these inspection reports to trigger fuels modification, then the task of carrying out the fuel reduction for defensible space is placed squarely on the landowner/homeowner. This is reactive regulation. Suggested proactive regulation (exception) is listed below.  Removal of hazardous understory trees to fulfill defensible space requirements and improve overall fire resiliency of residual trees within Wildland Urban Interface (WUI) area. o Removal operations shall be linked to a valid Community Wildfire Protection Plan (CWPP) for the City of Oroville.
o Removal operations can be funded and administered by the Butte County Fire Safe Council (BCFSC) and/or Butte County Resource Conservation District (BCRCD). o Removal operations shall be administered by a Ca. Registered Professional Forester and/or CAL FIRE Resource Personnel.

One of the main concerns is who the responsibility falls upon to fulfill the defensible space requirements. Allowing the removal to be tied to a local non-profit such as the FSC or BCRCD opens up a host of opportunities.

We will work on scheduling a tour for January.

Thank you

Taylor Nilsson
Executive Director
Mobile: 530-966-1620
Office: 530-877-0984
6569 Clark Rd, Paradise, CA 95969
buttefiresafe.net
Mail to: PO Box 699 Paradise CA 95967
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Attachment 5
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TREE PRESERVATION 17.12.060
SECTION 17-12.060 TREE PRESERVATION
17-12.060 Tree Preservation
A. Applicability.

1. The requirements of this section shall apply to any protected tree.

2. A protected tree is defined as:
a. Any tree on public property; or
b. Any tree on private property that has a trunk diameter of at least 24 inches at 54 inches above grade.

3. Permit Required. The removal of any protected tree requires approval of a tree removal permit, as provided in Section 17.48.070.

OAK TREE LOSS MITIGATION 17.12.065
SECTION 17-12.065 OAK TREE LOSS MITIGATION
Oak Tree Loss Mitigation
A. Purpose.

B. Applicability. The requirements of this section apply to any native oak tree on public or private land with the following minimum diameter at breast height (dbh) (i.e., 4.5 feet from the ground):

1. Single main trunk: 6 inches.

2. Multiple trunks (in aggregate): 10 inches.

2.3. Heritage Tree: 24 inches
“Native oak tree” means an oak tree that is native to Butte County’s natural oak communities, including valley oak, black oak, blue oak, interior live oak, and canyon oak. Interior live oak, while native to Butte County, is not included in this definition and their removal is not subject to the requirements of this section unless meeting the criteria for classification as a heritage tree.

C. Permits Required.

1. Tree Removal. The city requires a tree removal permit in accordance with Section

2. Grading. Grading projects shall retain oak trees wherever possible. To receive a grading permit, applicants must address oak tree preservation in their grading plan by identifying methods to:
a. Identify trees to be retained, through flagging or other obvious marking methods, prior to any grading.
b. Avoid compaction of the root zone and mechanical damage to trunks and limbs by installing temporary fencing along the outermost edge of the dripline of each retained tree or group of trees.
c. Avoid trenching within driplines of retained trees. Any required utility line poles within the dripline should be installed by boring or drilling through the soil.

3. Heritage Trees.
a. Grading, filling, trenching, paving, irrigation, and landscaping plans shall avoid the removal of or damage to the health of a heritage tree. 220
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2. In-Lieu Fee. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may pay an in-lieu fee as set by the city council.

3. Off-Site Replacement. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may plant replacement trees off site if:
a. The off-site location is permanently protected under a conservation easement that includes a maintenance plan that meets the requirements in subsection F (Replacement Standards).
b. The off-site location is appropriate for oak tree plantings, as determined by the director of parks and trees public works or designee.
c. The off-site location is sufficient to plant and maintain replacement trees in accordance with the standards in subsection F (Replacement Standards).

E. Exceptions to Permits and Mitigation Requirements. Mitigation is not required for trees removed due to poor tree health or because removal furthers urban forestry or land management practices that support the health of native plant communities, as determined by the director of parks and trees or designee. A tree removal permit or mitigation shall not be required for the following circumstances: Exceptions to permit and mitigation requirements shall be as specified in Section 17.48.070
When an oak tree is damaged and the city administrator, director of public works, director of community development, public safety personnel, code enforcement officer, or their designees has determined that its immediate removal is necessary to protect persons from imminent personal injury or to prevent imminent and substantial damage to property.

Removal of an interior live oak, unless meeting the criteria for classification as a heritage tree.

When removal is determined to be necessary by fire department personnel actively engaged in fighting a fire.

When removal is determined to be necessary by fire department personnel to comply with fuel modification requirements or defensible space requirements, as detailed in a defensible space inspection/report.

When removal is determined as necessary by the property owner’s insurance provider, as detailed in an insurance report or other formal correspondence, to maintain homeowners’ insurance coverage.
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OAK TREE LOSS MITIGATION 17.12.065
Routine trimming, pruning, or maintenance which does not cause damage or death of a tree.

Removal of an oak tree that is dead, dying, or in poor health as determined by a certified arborist.

Removal of an oak tree on a property developed with a single-family dwelling unit, provided that the following criteria is met:

The developed lot is not greater than 1020,000 square feet in area and is zoned either RR-20, RR-10, RL, R-1, or R-2.

The developed lot is located outside of the Foothill Overlay (F-O) district.

If the developed lot is located within the Foothill Overlay (F-O) district, the oak tree(s) proposed to be removed must be located within the rear or side yard notoutside of a setback area abutting a street.

G.E. Replacement Standards. Replacement trees must meet the following standards.

4. Monitoring. The applicant shall monitor the replacement tree and report its health status to the community development department annually, or upon request, for 5 years following planting.

5. Damage. Purposeful damaging or neglect of a replacement tree will invalidate the tree removal permit.

H.F. Oak Tree Maintenance Fund. The city shall place in-lieu tree-removal fees in an oak tree maintenance fund to be expended only for the following:

2. Maintaining Existing Trees. Caring for and preserving existing oak trees on public property or easements.
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