CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
6/27/2022
1 SUBJECT:
Tree Ordinance Update - Amend Pacifica Municipal Code Chapter 12 - Tree Preservation and Chapter 14 - Maintenance and Preservation of City Trees RECOMMENDED ACTION:
Receive a report and provide input on the Draft Tree Preservation and Maintenance and Preservation of City Trees Ordinances
STAFF CONTACT:
Sam Bautista, P.E., Dep. Director of Public Works
(650) 738-3771
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
BACKGROUND/DISCUSSION:
Starting in 2020, the City of Pacifica began a study and public engagement process to revamp the City’s existing Tree Preservation Ordinance. This included contracting with Davey Resource Group (DRG) to provide a robust community outreach and information gathering phase to help define desired changes that would meet both the Pacifica community’s needs, as well as Industry Best Management Practices for tree preservation. Staff used the data from DRG to assist in drafting the revisions to the Tree Preservation Ordinance.
A City Council Study Session was held on May 23, 2022, to discuss the Community Outreach and Benchmarking Study (Attachment 1) with the Council. During the Study Session, staff discussed the extensive outreach to the community regarding the project and the information received from the other cities included in the benchmarking study. The discussion also included recommendations from staff related to the Heritage Tree Ordinance changes. Staff noted that during the public process, they received majority agreement from the public for the following elements related to the Heritage Tree Ordinance:
- That “Heritage Tree” should be more specifically defined, and a new definition should be added for “Protected Tree”.
- The City should adopt the industry standard for measuring tree diameter at 54-inches above the ground.
- An arborist report should be required for removal of Protected Trees/Heritage Trees. - Website tree removal notification should be provided for Protected Trees.
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- Staff should study disincentivizing tree removals and establishment of a tree fund. - A 2:1 tree replacement should be required for otherwise healthy Protected/Heritage Trees.
- The City should review established in lieu fees for trees not replaced on site.
Tree Ordinance Changes Receiving Majority Agreement from the Public As noted above, many key staff recommendations discussed with the public during the public process received strong confirmation from the public. Due to this strong support and the straightforward nature of the recommendations, staff did not request a detailed policy discussion with the Council related to these proposed ordinance changes at the May 23rd Study Session.
These changes have been included in the attached draft tree ordinance (Attachment 2).
Information related to these ordinance changes can be provided during the June 27, 2022 Study Session, as desired by the Council.
Tree Ordinance Changes Discussed During the May 23rd Council Study Session Discussion with the City Council at the May 23rd meeting focused on areas that staff found needed further policy discussion and input from the Council. These discussion areas included:
- Specific definitions of a Heritage Tree and Protected Tree - Use of industry standard for measuring trunk diameter - Protection of trees during construction
- Revising criteria for evaluating removal permits
- Logging Ordinance - protection for groves
- Fees and Penalties
Questions were developed around these policy areas and Council was asked to provide feedback based on these questions to assist staff with identifying ordinance changes desired by the Council. Generally, Council had consensus on the ordinance changes related to these questions. The topics, staff questions, and input from Council are summarized below:
Specific Definition of a Heritage Tree and Protected Tree
1. Should the City adopt the following recommended definition of a “Heritage Tree”? Heritage Tree - If one of the following criteria are met and trees are in a condition that can be maintained in the landscape so as not to create an unreasonable risk, trees shall be designated as a “Heritage Tree”:
o Quercus agrifolia (coast live oak), Quercus lobata (valley oak), Aesculus californica (California buckeye), Pinus radiata (Monterey pine), and Sequoia sempervirens (redwood) greater than 12-inches DBH
o Heteromeles arbutifolia (toyon) greater than 4-inches DBH o Trees of historic value
o Specimen tree of any species
o Is one of the largest or oldest trees in Pacifica
o Significant habitat value
o Visibly prominent in the community
2. Should the City adopt the following current definition of a “Heritage Tree” as the new definition for “Protected Tree”?
Protected Tree - All trees within the City of Pacifica, exclusive of eucalyptus, which have a trunk with a circumference of fifty (50″) inches (approximately sixteen (16″) inches in Pacifica City Council 3
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diameter) or more, measured at twenty-four (24″) inches above the natural grade.
Council Input to questions 1 and 2: Council agreed to the above definition recommendations for “Heritage Tree” and “Protected Tree”. Further revisions to the “Protected Tree” definition were provided during discussion of questions 3 and 4.
Measuring Trunk Diameter
3. Should the City adopt the industry standard for measuring tree diameter at 54-inches above natural grade?
4. Should the diameter for Protected Trees be decreased from 16-inches to 14-inches? Council Input to questions 3 and 4: Council agreed to question 3 regarding measuring a tree diameter at 54-inches above the natural grade. Council did not agree to question 4 and stated that the diameter of a Protected Tree should be decreased from 16-inches to 12- inches.
Protection of Trees During Construction
5. Should there be a separate permit for trees in construction zones that will not be removed?
6. Should developers be required to hire an arborist to prepare a tree protection plan?
7. Should developers be required to protect trees on adjacent properties? Council Input to questions 5, 6 and 7: Council agreed to question 5 that there should be a separate permit for trees in construction zones that will not be removed. Council agreed to question 6 that developers should be required to hire an arborist to prepare a tree protection plan but modified this to clarify that no tree protection plan would be required if the property did not have trees. Regarding question 7, Council clarified that during the construction process, developers should be required to protect the roots and/or canopy of a tree from an adjacent property that cross onto the developer’s property.
Revise Criteria for Evaluating Removal Permits
8. Should a point system be developed to internally provide guidance to staff on requested tree removals of Protected and Heritage Trees?
9. Should there be a separate permit for pruning Protected and Heritage Trees?
10. Should an arborist report be required to remove a Protected Tree or Heritage Tree? Council Input to questions 8, 9 and 10: Council agreed to question 8 that a point system should be developed as an internal process to provide guidance to staff for Protected/Heritage Tree removals. On question 9, Council agreed that a separate permit should be required for pruning Protected and/or Heritage Trees. However, Council noted that the permit should only be required if more than 15% of the tree will be trimmed and that City staff should provide guidance on the City website related to pruning best practices. The drafted ordinance defines this as “significant pruning.” Council agreed to question 10 but noted that City staff should be allowed to assess whether a Protected or Heritage Tree is dead and/or dying and allow for removal of those trees without a permit if permission is granted by City staff.
Logging Ordinance - Protection for Groves
11. Should protections for groves of trees greater than six (6) inches in diameter be added to Chapter 12?
12. Should Ordinance No. 636-C.S. and No. 673-C.S. be repealed? Pacifica City Council 4
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Council Input to questions 11 and 12: Council agreed that protections for groves of trees six (6) inches or greater that is currently included in the above noted ordinances should be added to Chapter 12 and the ordinances repealed. Council expressed concern related to clear cutting of Eucalyptus trees. The protections added to Chapter 12 would protect any type of tree groves, including Eucalyptus.
Fees and Penalties
13. Should staff add a section that includes other alternative civil enforcement remedies and penalties for Protected/Heritage Tree removal or trimming violations and have damages applied to a tree mitigation fund?
Council Input to questions 13: Council noted that they wanted staff to investigate penalties for these violations, in addition to the allowable $1000 fine that is currently in the City’s ordinance.
Draft Tree Preservation (Chapter 12) and Maintenance and Preservation of City Trees (Chapter 14) Ordinance Revisions
Attachment 2 provides the recommended changes to Chapter 12 and Chapter 14 related to trees. Due to the number of revisions made, a clean version of the revisions without redlines is attached to provide clarification on the recommended draft ordinances. The ordinance changes include staff recommendations discussed with the public during the public process that received strong support from the public. Also, staff made changes based on the policy discussion with Council at the May 23, 2022 Council meeting related to the questions noted previously in this report. The changes made to the draft ordinances reflect the Council’s consensus on these policy issues. Additional changes to the ordinances are highlighted below:
- Section 4-12.02 and 4-12.08 allow for the Director of Public Works to designate as a heritage tree; trees of historic value; trees of substantial size for the species; the largest/oldest trees in Pacific; trees with significant habitat value or visibly prominent for the community. Trees recommended for designation as Heritage Trees will be posted with a notice and the property owner notified (if applicable) and can be appealed within 10 days to the City Clerk with a final administrative hearing before the City Manager. The decision of the City Manager will be final. Designated Heritage Trees will be posted on the City’s website.
- Section 4-12.07 notes the City will post notice of tree removal/substantial pruning applications on the City’s website and any proposed decision related to the application. - Section 4-12.04, 4-12.05, and 4-12.06 specify that while a tree permit is being reviewed by the Director or the City Manager, any associated building permit decisions will be suspended until a final determination on the tree permit is made. - Section 4-12.11 establishes a tree fund and allows monies collected related to both Chapter 12 (Tree Preservation) and Chapter 14 (City Trees) to be deposited in this account. The Tree Fund can be used for maintaining and preserving trees, preforming inventories, educating residents and developers, and supporting programs for increasing the tree canopy.
- Section 4-12.13 and 4-14.08 allows for collection of the full cost of replacing mature protected trees that are illegally removed, in addition to a $1000 fine. Alternatively, the chapters allow for the planting of two (2) replacement trees for every otherwise healthy tree removed and the payment of the replacement value of the mature Protected Tree Pacifica City Council 5
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minus the cost of the two replacement trees.
- Section 4-12.09 allows for the emergency removal of trees that present an immediate risk to the safety of life, limb, health, welfare, or property. The City may collect the costs of the emergency removal from the property owner where the dangerous tree was located.
Next Steps and Project Phase II - Urban Forest, Land & Vegetation Management Plan Staff anticipates, bringing all tree ordinance changes to Council at the next Council meeting with adoption to follow. Once the tree ordinance changes have been adopted, Phase II of the project, the Urban Forest, Land & Vegetation Management Plan, will be developed. Plan development will include several elements such as updating the City’s tree inventory, mapping, tree risk management and risk reduction policy, and short and long-term planning. This process will also review development of tree permit exemptions based on fire risk. During development of this Plan, the City’s Fire Department, Open Space and Parkland Advisory Committee and Emergency Preparedness & Safety Commission will be tapped to help with the Plan Development.
ALTERNATIVE ACTION:
Council may choose to require further study of one or more of the recommendations, which would delay the update of the tree preservation ordinance.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The tree preservation ordinance update is consistent the following Council adopted Goals:
• Stewardship of City Infrastructure: The project would help provide guidelines as the City continues to maintain healthy trees and remove dead or dying trees. • Environmental Sustainability: Updating the tree ordinance would provide the City with improved best management practices for its City’s trees and promote environmental sustainability.
• Maintaining a Safe Community: The project will address how the City will manage emergency tree removals.
FISCAL IMPACT:
This work is currently funded under an executed consultant agreement with Davey Resource Group.
ORIGINATED BY:
Engineering
ATTACHMENT LIST:
Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (PDF)
Attachment 2 - Pacifica Tree Ordinance Chapter 12 and Chapter 14 (PDF)