Agenda — Pacifica City Council, August 22, 2022 (part 3 of 3)

Historically the hillsides adjacent to Pacifica were dominated mostly by grasslands with few trees. Over time, hillsides have transitioned to a dense forest of eucalyptus, cypress, pines, and acacia species.

Some of these species are known to be particularly flammable. With heightened awareness of wildfire, the wildland urban interface (WUI), the area where houses meet or intermingle with undeveloped wildland vegetation, is a focus for fuels management and the development of a fire safe community.

Recently, San Mateo County issued a temporary exemption to property owners in unincorporated areas of the county to not pay the tree-removal permit fee (property owners still must submit an application) for certain species of trees located within 100-feet of homes or 30-feet of an escape route on public or private property. Urgency ordinances may be adopted pursuant to Government Code section 36937 and take effect immediately, if it is an ordinance that is necessary for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council. This authority may be applied to not only address fire hazards, but also other threats, such as the introduction of a pest or disease. With this comes some flexibility for the City to respond quickly to safety concerns. 2 Among benchmark communities, Pacific Grove is the only community that states a canopy goal within the municipal code.

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Packet Pg. 346 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Other Stakeholder Concerns Not Related to Ordinance Revisions 48 Table 30: Other Key Challenges and Opportunities for Urban Forestry Management with Recommendations for Improvement
Key Challenges/Opportunities Recommendations
● Tree City Pacifica recommends a canopy cover
goal of 30%.
● Lack of awareness of the Chapter 12 and Chapter
14 of Municipal Code.
● The City does not have a Certified Arborist on
staff.
● Heightened wildfire risk in the WUI.
● Complete a comprehensive land cover analysis
to determine potential canopy cover.
● Solicit feedback from the community about
desired tree canopy cover levels.
● Establish a tree canopy cover goal outside of
Municipal Code.
● Promote awareness of Chapter 12 and 14 of
Municipal Code.
● Employ a Certified Arborist on staff.
◦ Alternatively, contract an on-call arborist to
fulfill the roles and responsibilities of a City
Arborist.

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Packet Pg. 347 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 49 Appendix A: Tree Protection Zones
Appendix A: Tree Protection Zones

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Packet Pg. 348 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix A: Tree Protection Zones 50

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Packet Pg. 349 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 51 Appendix A: Tree Protection Zones
Table 31: Common Tree Protection Zone (TPZ) Areas
Trunk Diameter
(Measured at 4.5 feet, inches) Diameter*1.5 ft Diameter*2 ft Radius of TPZ (ft) Area of TPZ
(ft²)
0 to 4 inches - - 6 113
5 7.5 - 7.5 177
6 9.00 - 9 254
7 10.50 - 10.5 346
8 12.00 - 12 452
9 13.50 - 13.5 573
10 15.00 - 15 707
11 16.50 - 16.5 855
12 18.00 - 18 1,018
13 19.50 - 19.5 1,195
14 21.00 - 21 1,385
15 22.50 - 22.5 1,590
16 24.00 - 24 1,810
17 25.50 - 25.5 2,043
18 27.00 - 27 2,290
19 28.50 - 28.5 2,552
20 30.00 - 30 2,827
21 31.50 - 31.5 3,117
22 33.00 - 33 3,421
23 34.50 - 34.5 3,739
24 36.00 - 36 4,072
25 - 50 50 7,854
26 - 52 52 8,495
27 - 54 54 9,161
28 - 56 56 9,852
29 - 58 58 10,568
30 - 60 60 11,310
31 - 62 62 12,076
32 - 64 64 12,868
33 - 66 66 13,685
34 - 68 68 14,527
35 - 70 70 15,394
36 - 72 72 16,286
37 - 74 74 17,203
38 - 76 76 18,146
39 - 78 78 19,113
40 - 80 80 20,106
41 - 82 82 21,124
42 - 84 84 22,167
43 - 86 86 23,235

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Packet Pg. 350 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix A: Tree Protection Zones 52
Trunk Diameter
(Measured at 4.5 feet, inches) Diameter*1.5 ft Diameter*2 ft Radius of TPZ (ft) Area of TPZ
(ft²)
44 - 88 88 24,328
45 - 90 90 25,447
46 - 92 92 26,590
47 - 94 94 27,759
48 - 96 96 28,953
49 - 98 98 30,172
50 - 100 100 31,416
51 - 102 102 32,685
52 - 104 104 33,979
53 - 106 106 35,299
54 - 108 108 36,644
55 - 110 110 38,013
56 - 112 112 39,408
57 - 114 114 40,828
58 - 116 116 42,273
59 - 118 118 43,744
60 - 120 120 45,239
61 - 122 122 46,759
62 - 124 124 48,305
63 - 126 126 49,876
64 - 128 128 51,472
65 - 130 130 53,093
66 - 132 132 54,739
67 - 134 134 56,410
68 - 136 136 58,107
69 - 138 138 59,828
70 - 140 140 61,575
71 - 142 142 63,347
72 - 144 144 65,144
73 - 146 146 66,966
74 - 148 148 68,813
75 - 150 150 70,686
76 - 152 152 72,583
77 - 154 154 74,506
78 - 156 156 76,454
79 - 158 158 78,427
80 - 160 160 80,425
81 - 162 162 82,448
82 - 164 164 84,496
83 - 166 166 86,570
84 - 168 168 88,668
85 - 170 170 90,792

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Packet Pg. 351 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 53 Appendix A: Tree Protection Zones
Trunk Diameter
(Measured at 4.5 feet, inches) Diameter*1.5 ft Diameter*2 ft Radius of TPZ (ft) Area of TPZ
(ft²)
86 - 172 172 92,941
87 - 174 174 95,115
88 - 176 176 97,314
89 - 178 178 99,538
90 - 180 180 101,788
91 - 182 182 104,062
92 - 184 184 106,362
93 - 186 186 108,687
94 - 188 188 111,036
95 - 190 190 113,411
96 - 192 192 115,812
97 - 194 194 118,237
98 - 196 196 120,687
99 - 198 198 123,163
100 - 200 200 125,664

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Packet Pg. 352 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix B: Industry Standards 54
Appendix B: Industry Standards
ANSI Z133 Safety Standard, 2017 reviews general safety, electrical hazards, use of vehicles and mobile equipment, portable power hand tools, hand tools and ladders, climbing, and work procedures.

ANSI A300 standards represent the industry consensus on performing tree care operations. The standards can be used to prepare tree care contract specifications.

ANSI A300 Pruning Standard - Part 1, 2017
ANSI A300 Construction Management Standard - Part 5, 2012 ANSI A300 Integrated Vegetation Management Standard - Part 7, 2012 ANSI A300 Root Management Standard - Part 8, 2013
ANSI A300 Tree Risk Assessment Standard a Tree Failure - Part 9, 2017

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Packet Pg. 353 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 55 Appendix C: Community Engagement
Appendix C: Community Engagement
Virtual Community Meeting
Figure 1 Should the definition of “heritage tree” be more specifically defined? Figure 2: Should there be an additional definition for “protected tree”? Figure 3: Should the City adopt the industry standard for measuring tree diameter at 54-inch above ground?
Yes

87.0%
No
0%
Not sure

13.0%
Yes

77.0%
No

8.0%
Not sure

15.0%
Yes

69.0%
No

8.0%
Not sure

23.0%

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Packet Pg. 354 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 56
Figure 4: Should an arborist report be required when a request for removal of a protected tree is based on health, pest/pathogen, and/or when a tree is a heritage tree? Figure 5: What revisions should be made (if any) to the notification process? Figure 6: Should staff study ways to de-incentivized illegal tree removals? Website notification

45.6%
300-foot notification
radius

32.0% No revisions are needed

8.8%
Other

13.6%
Yes

88.0%
No

6.0%
Not sure

6.0%
Yes

76.0%
No

6.0%
Not sure

18.0%

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Packet Pg. 355 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 57 Appendix C: Community Engagement
Figure 7: Should staff review establishment of a Tree Fund? Figure 8: Should Pacifica require a 2:1 replacement for the removal of an otherwise healthy heritage/protected/City tree?
Figure 9: Should staff review establishing a process for maintenance of replacement trees? Yes

88.0%
No

6.0%
Yes

88.0%
No

6.0%
Not sure

6.0%
Yes

73.7%
No

13.1%
Not sure

13.1%

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Packet Pg. 356 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 58
Figure 10: Should staff review establishing in-lieu fees for trees not replaced on site? Figure 11: What is your level of satisfaction with the current care of street trees? Completely satisfied
0%
Somewhat satisfied

11.9%
Unsure/Need
more
information

17.8%
Somewhat dissatisfied

58.4%
Completely dissatisfied

11.9%
Yes

88.0%
No

6.0%
Not sure

6.0%

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Packet Pg. 357 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 59 Appendix C: Community Engagement
Rotary Club Meeting
Figure 12: Should the definition of “heritage tree” be more specifically defined? Figure 13: Should there be an additional definition for “protected tree”? Figure 14: Should the City adopt the industry standard for measuring tree diameter at 54-inch above ground?
Yes

87.5%
No

12.5%
Yes

81.3%
No

12.5%
Not Sure

6.3%
Not Sure

8.3%
Yes

91.7%

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Packet Pg. 358 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 60
Figure 15: Should staff study ways to de-incentivize illegal tree removals? Figure 16: Should staff review establishment of a Tree Fund? Figure 17: Should staff review establishing in-lieu fees for trees not replaced on-site? Yes

81.3%
No

18.8%
Not Sure
0%
Yes

53.3%
No

40.0%
Not Sure

6.7%
Yes

87.5% No

12.5%
Not Sure
0%

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Packet Pg. 359 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 61 Appendix C: Community Engagement
Figure 18: Should Pacifica require a 2:1 replacement for the removal of an otherwise healthy heritage/protected/City tree?
Figure 19: Should an arborist report be required when a request for removal of a protected tree is based on health, pest/pathogen, and/or when a tree is a heritage tree? Figure 20: What revisions should be made (if any) to the notification process? Yes

60.0%
No

33.3%
Not Sure

6.7%
Yes

60.0%
No

26.7%
Not Sure

13.3%
Other

11.8%
No revisions are
needed

23.5%
300-foot radius

29.4%
Website notification

35.3%

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Packet Pg. 360 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 62
Figure 21: What is your level of satisfaction with the current care of street trees? Online Survey Results
Figure 22: Prior to this survey, what was your awareness of Title 4, Chapter 12: Preservation of Heritage Trees of the Pacifica Municipal Code
0 20 40 60 80 100 120 140
Other (please specify)
I have implemented a tree protection plan for a heritage tree during construction
I have appealed a permit regarding a heritage tree
I did not know the City had an ordinance to protect heritage trees
I have applied for a permit to remove a heritage tree
I knew the City had an ordinance to protect heritage trees Number of Responses
Completely satisfied
<1%
Completely dissatisfied

6.3%
Somewhat
satisfied

18.8%
Somewhat
dissatisfied

18.8%
Neutral

56.3%

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Packet Pg. 361 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 63 Appendix C: Community Engagement
Figure 23: The preservation of heritage trees in Pacifica is important because (select all that apply):

Other (please specify):
• Habitat for the creatures we share this special place with. • Hazards, such as storm and fire hazard must be considered. There should be a plan to remove most eucalyptus, for this reason.
• Heritage trees are important but neighbors who don't have "skin in the game" hold too much sway over the process
• Heritage trees need to include multi stem native trees; The socio-economic benefits are important, but the environmental/ecological benefits are even more important. The true character of Pacifica as a coastal town would be better represented by including as heritage trees the smaller, multi-stemmed native trees
• Heritage trees should apply to native trees, not invasive trees. Monterey pine and Monterey cypress are not native to Pacifica area and should not be considered as heritage trees. • I think there’s a balance between preserving and reality when it comes to power line safety • I would much prefer that you encourage planting of natives and remove invasive non-natives. • Preserve Heritage Trees unless they are High or Severe Risk trees. • Preserve our coastal redwood trees and other native plants and get rid of eucalyptus, Monterey cypress, Monterey pine, English ivy, German ivy, and other invasive non-native plants. • Reasons other than "an Important safety concern" should also be allowed for removal. e.g.

Roots interfering with underground utilities or structures. • Simple beauty of mature specimens
0 50 100 150
Not sure
I do not agree with the preservation of heritage trees
Other (please specify)
Resilience for the community and quality of life in the face of climate change
Heritage trees represent and preserve the character of Pacifica Socioeconomic benefits of tree canopy (improvements to human health, property values, retail, privacy, etc.

I agree with the preservation of heritage trees unless there is an important safety concern with allowing the trees to remain Environmental benefits of tree canopy (improvements to air quality, stormwater management, carbon reduction, energy… Number of Responses

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Packet Pg. 362 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 64
• The scope of reasons for removal need to go beyond safety concerns. Neighboring trees should not be allowed to encroach on private property.
• Trees create habitat diversity for all manner of living things.

Figure 24: What are your top 3 preferred improvements for the heritage tree removal permit process? (choose up to 3)
Other (please specify):
• According to the summary a heritage tree can be on either public or private property. When the City wants to remove such a tree, does it have to go through the permit process as well? What is the transparency level for the City when removing such a tree? • Don’t know enough
• Heritage trees that post a danger to people or buildings should be able to be removed without too much hassle.
• Increase fee; Require more than 1x replacement
• Lower threshold for definition of safety
• More detail on what “substantial pruning” means.
• Not to include eucalyptus, Monterey cypress, Monterey pine as heritage trees. • Our real heritage includes local natives some of which can be 200-300 years old.; Our true heritage should ibclude local natives, usually multi-stemmed, that provide wildlife habitat and 0 10 20 30 40 50 60 70
Less time to file appeals
Works great!
Other (please specify)
More time to file appeals
Too many trees are classified as heritage trees
Require a permit to perform any pruning on a heritage tree More education on how to apply for a permit
More trees should be classified as heritage trees
Greater transparency in the notification process
Clarify criteria for approval or denial of permits
More education on when a permit is needed
Number of Responses

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Packet Pg. 363 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 65 Appendix C: Community Engagement
can live 200-300 years. Classifying young , fast growing trees as heritage is a misnomer. ; Our true heritage must include local natives, usually multi-stemmed, that provide wildlife habitat and can live 200-300 years. Classifying young, fast growing trees as "heritage" is a misnomer.

Allowing these older, truly heritage trees to be destroyed without consideration for their ecological value is misguided.; Our true heritage should include local natives, usually multistemmed, that provide wildlife habitat and can live for 200-300 years. Classifying young, fast growing Monterrey pines and cypress as heritage is in accurate. • See recommendations from Tree City Pacifica
• There should be no charge for a permit if the tree is unhealthy or at risk of endangering life/property
• There should be provisions for removing dead trees, we purchased a house with a heritage tree that was dead for 10+ years and we found it annoying to add that cost when we are taking the cost of removing a tree
• Views should be considered a valid reason for tree removal • Waive permit fee for low income seniors
Figure 25: The removal of a heritage tree should require tree replacement (select one):

Yes, number of replacement
trees based on the loss of
canopy, diameter, or in-lieu
fees

36.0%
Not sure/Need more
information

17.0%
No, tree
replacement should
not be required

16.0%
Yes, on a 1:1 ratio
or in-lieu fees

14.0%
Yes, on a 2:1 ratio
or in-lieu fees

13.0% Other
(please
specify)

4.0%

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Packet Pg. 364 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 66
Figure 26: What types of education and public outreach regarding this topic do you prefer? (check all that apply)
Other (please specify):
• A public conversation about trees, and their varied benefits needs to be held. Limiting the definition to a 12" diameter (a very young pine) ignores the many benefits of multi-stem trees.

Arborists often measure the several stems and sum their diameters to allow true evaluation. • City of Pacific friday emails, and Fogfest and other events. • City website
• Explanation on city site
• Heritage tree maps/walks, events celebrating Pacifica’s urban forest, etc • Letters to each household, with directions to more informational resources • Newspaper
• Notices at local ventures, postings near gathering places, letters to households 0 20 40 60 80 100 120 140
City Website
Other (please specify)
Council study session/public meeting
Online Videos
Informational brochures
City social media accounts (Connect with Pacifica, Facebook, Nextdoor, etc.)
Number of Responses

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Packet Pg. 365 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 67 Appendix C: Community Engagement
Figure 27: Describe your interest/involvement with Pacifica’s City trees? (check all that apply) Other (please specify):
• A city tree fell on our house, and another fell on our neighbor’s house the same morning. • Adopt a Pacifica Tree Canopy goal of 30%
• Concerned with lack of tree maintenance have witnessed four large tree limbs come down in public places. This has been in the last 3years. Many of the teees in the Sharp Park area are not maintained and are very large. ; Trees in East Sharp Park are not maintained. Large and heavy branches have come down in public spaces. Thankfully no one was hurt. It could have been indefensible tragedy.
• I am a member of Tree City Pacifica
• I have appealed and prevailed in the preservation of a heritage tree • I have pushed for more street trees with previous City Manager, who said they didn’t grow near the ocean. Wrong.
• I haven't been involved in any community tree events as I haven't heard of any. But I would come out to help remove Ivy or other tree events if offered. • I would like a street tree planted in front of my house • remove eucalyptus from city parks
• Trees in lands expected to be developed need the same or better protections since their removal will have a more drastic effect on wildlife and local ecology.; Trees in lands intended for development need more stringent restrictions since their destruction has a greater effect on local wildlife.
• trees on open space back up to our lot.of our lot ; trees on open space back up to our lot. 0 20 40 60 80 100 120 140
I have planted a tree in the rights-of-way
I have a business that benefits from street trees
I have requested that my street tree be removed
I have requested that my street tree be trimmed
I have pruned the street tree in front of my house/business Other (please specify)
I have volunteered at a tree planting event, such as Arbor Day I have a street tree in front of my house
I have read an article about the Pacifica Heritage Tree Ordinance update in the City newsletter or the Pacifica Tribune
I appreciate City trees and the benefits they provide to the community
Number of Responses

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Packet Pg. 366 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 68
Figure 28: Are City trees adequately managed?
Figure 29: Indicate your level of satisfaction with the current care of street trees.

52.0%
Unsure/Need more
information

41.0%
Yes

6.0%
Somewhat
unsatisfied

40.0%
Somewhat satisfied

29.0%
Completely
unsatisfied

12.0%
Completely satisfied

5.0%
Unsure/Need
more
information

14.0%

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Packet Pg. 367 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 69 Appendix C: Community Engagement
Table 32: Feel free to add any other comments you have regarding Pacifica’s Urban Forest Feel free to add any other comments you have regarding Pacifica's Urban Forest:

I live in Vallemar our Heritage Palm trees have not been maintained only butchered by PGE. I know they have to be cut because of power lines that should be moved or rerouted, but they have been not maintained by the city as large dead branches that can fall on anyone walking by. Vallemar is one of the great asset of Pacifica we are always forgotten for improvements.

We have a healthy, beautiful heritage tree, which is sometimes badly trimmed by PG&E. We have also paid lots of money to arborists over the years. I would like a summary of what to expect regarding this tree regarding our rights and responsibilities.I don’t want to attend a Zoom meeting.

Let's aim for a 30 percent tree canopy goal; let's make it easy to do the right thing and work with companies that prune or remove trees to ensure they follow the rules.

Pacifica lacks financial resources to maintain urban forest. Funding needs to be a priority. Fewer studies with those funds used for actual maintenance. Pacifica tends to study everything but has no money to implement anything. They don't maintain streets, sidewalks, trees etc. Our property taxes pay for salaries, pensions & studies but few city services.

In the revision, define Heritage Trees as all trees with a trunk 12 inch diameter at 54 inches above native grade. Establish a Tree Fund to support city tree maintenance. Specify that only high and extreme risk trees (as determined on an ISA Basic Tree Risk form) be approved for removal. Adopt a Tree Canopy Goal of 30%.

Thanks for the chance to take this survey and learn more about the heritage tree ordinance. Besides seeing this topic in Connect With Pacifica, it landed on my radar when we saw that Davey recently trimmed the giant, glorious cypress tree near our house, on Salada Ave, adjacent to the south side of the Civic Center campus.

To my eye the trimming seemed drastic and not exactly artfully done. I've been curious about what goes into the decision-making process in such a case. It seems too bad that the majestic spread and reach of the cypress was not maintained in the trimming process. If I had more information about the necessity of trimming it in this way it would help me feel better about it. So yeah, more transparency and education would be great.

Maybe especially to the residents/home-owners on the affected blocks? Many Vallemar trees are very old, uncared for, and dangerous. There are expired removal signs on a few and others are waiting for removal. We have had property damage, power loss, and the inability to drive down our street due to falling branches and limbs. We also have damage due to large roots. It’s just a matter of time before one of these old, large, trees comes down on a home.

Native trees are the only trees that should be protected as heritage trees. Eucalyptus, pine and other large trees that were planted in residential lots should not be protected due to fire risk, ascetics and fall hazard.

Would like more street trees
The city needs to work with PG&E to prevent them from destroying or horribly maiming heritage trees that are in the pathway of a single wire that could otherwise be re-routed. PG&E's tree crews are butchers and are destroying the aesthetics of the neighborhood.

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Packet Pg. 368 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 70
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Trees on one property that hang over another property need to be safely maintained.

I have no comment to add.
.; It's interesting that you've hired a company that makes its money cutting trees to advise you on this subject.

The city needs to address the large unmanaged eucalyptus forests in city parks and in our neighborhoods.

We may lose house insurance options as insurance companies review wildfire zones. The city could provide funding or rebates for anyone removing these dangerous, invasive trees.

Pacifica needs a Tree Canopy Goal of 30%. Tree service companies should be required to have a permit before removing a heritage tree. Make the fines for removing a Heritage Tree without approval very large - it should be enough that well-off property owners aren’t tempted to just pay it as a “cost of doing business”.

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Packet Pg. 369 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 71 Appendix C: Community Engagement
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Thank you for keeping the Tree Ordinance strong. It is important to the beauty of Pacifica, and trees combat climate change. I suggest tree services require a permit before removing trees, which would protects homeowners from fines.

Thanks
Create a Tree Fund with fees and donations that will be used for the maintenance of city trees.

Request that tree service companies require a permit before removing a heritage tree (to protect homeowners from fines).

Protect low and moderate risk trees, and remove high and extreme risk trees (as determined by an ISA Basic Tree Risk Assessment form).

Health of trees should be a priority instead of insisting on the preservation of diseased trees despite their fire hazard. Also, PB&R is completely the wrong organization to control this ptocess. Using the term "Heritage" is biased and implies these trees are large and historical, whereas they can actually be fairly small.

Fire safety needs more consideration in heritage tree removal. PB&R is inappropriate to judge. Trees with fatal disease need immediate removal once documented. View should be considered.

The city planning requirements for new projects only require projects to show heritage trees on site plans.

This seems to be a major oversight as groups of multiple trees also require permits for removal. This should be compared to other cities, most of which require all trees to shown that meet certain dBH criteria.

The tree guidelines should also be reflected in the General Plan. The Safety Element says that trees should not be planted on slopes in excess of 50% and I have seen this regulation ignored twice by staff and the Planning Commission in the past year on the Vista Mar and Talbot Avenue projects.

A public hearing to assess the request to remove city trees which have been determined to be a hazard by an independent, licensed arborist should NOT be required. These tress should be included in the same process for heritage tree removal and not subject to City Council review.

Pacifica’s trees Are a valuable resource. They give Pacifica the ambience of Carmel or Pacific Grove. I love the. feeling of living in a natural environment, rather than the concrete jungle of the most cities. Pacifica’s heritage trees are Pacifica’s heritage.

Very concerned about the state of some of the East Sharp park trees. Particularly those on hills with houses directly below and also those in Pomo Park where two very large branches fell (one approximately 25-30’).

I would like to see the Urban Forest managed for health not just ignored unless a hazard or damage occurs.

None
Need better oversight of tree protection in building permit process.

Trim before storms, not during

14.b
Packet Pg. 370 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 72
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

City needs to cut eucalyptus trees especially during the winter when we have storms Jjjjjj
Thanks for doing this!
Public Works is very responsive to issues involving storm-related damaged trees in our neighborhood C
• Request that tree service companies require a permit before removing a heritage tree (to protect homeowners from fines)
• Maintain the logging ordinance that requires mitigation if 20 or more six-inch trees are removed in the process of development
• Adopt a Pacifica Tree Canopy goal of 30%
do not allow trees to be removed until building permit is issued for new construction I am concerned that optimism and wishing for something good is being prioritized over safety. We currently have a neighbor who would like to remonta tree in their own yard but can’t because their other neighbor doesn’t want them to. That seems wrong to me. Just because someone many years ago planted a big tree somewhere, that does not mean it was a wise choice and should be left indefinitely.

I would love to see the promotion and planting of more native trees - the trees climbing up the hills behind our residences concerns me and they will convert the hills to forest when they should be grass and shrub.

As we all know trees sequester CO2. So it is important for city to have as many healthy safely trimmed trees as possible. Heritage tree ordinances prevent unnecessary clearly of trees.

No comment
Trunk diameter should not be the single criteria for a tree to be identified as a Heritage tree. Our much older, native trees are slower growing and provide very important wildlife habitat serving insects, birds and mammals. ; Using only a twelve inch diameter trunk as the single criteria for a heritage trees is a mistake. This limited definition excludes any slower growing native trees with multiple trunks. Local natives provide the best habitat for insects, birds and mammals. Their multiple trunks must be considered as well as their age.; A twelve inch diameter pine can be only 25 years old, hardly "heritage" status.

City street trees should be treated as a special category. Trees on individual properties need different consideration. Trees in lands that are slated for development need other special considerations. One size does NOT fit all
Protect low and moderate risk trees, and remove high and extreme risk trees (as determined by an ISA Basic Tree Risk Assessment form)
More trees, more watering, more care.

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Packet Pg. 371 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 73 Appendix C: Community Engagement
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Pacifica needs MORE trees, and stricter review of removal of any trees.; Pacifica needs more trees. Palmetto design should have included trees. Any beautiful downtown includes a canopy. The Linda Mar median should have trees as wel...

The City needs to increate in-lieu fees; often these become the cheapest way for a developer to meet the terms of an ordinance.

Define heritage trees as all trees which have a trunk with a 12 inch diameter at 54 inches above native grade I moved here for the trees. Please take care of them.
.; no comment
Shen trees are cut down, they should be replaced with new.

Trees that have been here a long time should be preserved and protected on a regular basis. Those trees that are sick, damaged, or dangerous should be removed, but the question is "who determines that". My experience with the city happened a few years back. The house was sold, 9 trees were cut down including heritage tree. When I called the city, I was told it was too late to do anything. In my opinion that was a totally horrible response. There is no sense in that. Was the city too lazy, inept or overwhelmed to seriously deal with that? A stronger tree ordinance needs to be in place to protect our trees in town.

Please stop allowing tree toping it just kills the tree slowly and makes it a hazard later in time.It add no beauty at all to the community. So sad when this is done. Just pay the extra money to remove the tree. Also, 1850 the eucalyptus where brought to California and are now a part of our heritage. Love or hate them they do have a strong history here in the Golden State and should also be protected. Eucalyptus have great value in our community such as: non deciduous and therefore sequester carbon all year round, live longer than 200 years, really, have relatively low fire risk along the coast, support a number of wildlife. Another consideration for the eucalyptus is as the climate changes our native trees are under great stress and therefore all trees that can sequester carbon are very valuable.The list really goes on so please do some unbiased research and include the eucalyptus. There is a single beautiful eucalyptus near the Sanchez Adobe and the diameter is huge. This tree would not be protected once again under the new heritage tree ordinance and it should. It seems as above the diameter has changed from the current diameter of 50 inch. I agree with the 16 inch.

Thank you; Sorry I misunderstood the measurements of a heritage tree. Just to clarify the current ordinance is a trunk with a circumference of fifty (50″) inches (approximately sixteen (16″) inches in diameter) or more, measured at twenty-four (24″) inches above the natural grade. It was my understanding that this was going to be be even bigger. I would disagree with making the dimensions bigger and think the city should consider making the dimensions smaller. Why not follow the states guidelines: the minimum diameter at stump height is the following for the following tree species:
(A) Coast redwood: 42 inches.
(B) Douglas-Fir Douglas-fir: 40 inches.
(C) Giant sequoia or sierra redwood: 50 inches.
(D) Hardwoods: 28 inches.
(E) Port Orford cedar: 28 inches.

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Packet Pg. 372 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 74
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Replace removed high risk, diseased, or dead trees. When the city does maintenance on City Trees, the city does not often replace them. Anything removed should be promptly replaced by a suitable tree. Otherwise we're just constantly removing trees and not re-populating and keeping Pacifica beautiful.

Define heritage trees as all trees which have a trunk with a 12 inch diameter at 54 inches above native grade Protect low and moderate risk trees, and remove high and extreme risk trees (as determined by an ISA Basic Tree Risk Assessment form)
Require replacement trees be equal to the removed canopy within fifteen years (or require the payment of In Lieu fees equal to the value of the heritage tree)
Create a Tree Fund with fees and donations that will be used for the maintenance of city trees Request that tree service companies require a permit before removing a heritage tree (to protect homeowners from fines)
Maintain the logging ordinance that requires mitigation if 20 or more six-inch trees are removed in the process of development
Adopt a Pacifica Tree Canopy goal of 30%
There was a pine tree in my neighborhood growing in the front yard off Manor within a block of the intersection of Manor and Oceana. The tree had grown tall enough that large branches had rested against the electrical lines for so long that the lines had now become encased by the tree branch. It takes many years for a tree branch to grow around something like a power line. Indicating that nobody was monitoring this tree for some time. In addition to the City, that includes the homeowner and PG&E. When the tree was finally pruned, the small sections of the branches that had enveloped the power line had to be left intact with the line still running through them. The reason I bring this up is because had that tree fallen over in a storm while the power lines still ran through those branches, who knows how many residents would have lost power, and for how long, and how much money that would have cost. Somehow this risk has to be factored into why tree management cannot be an afterthought.

The eucalyptus trees are non-native and dangerous. Especially with increasing fire danger eucalyptus groves need to be removed.

On a separate issue, I once witnessed an appeal at city council where the city tree person said a tree needed to come down on a homeowners property, and the homeowner agreed. A neighbor —who stated that she wouldn’t park her car under the tree during a storm due to danger of it falling— wanted the tree kept up because she loved it. And…city council voted the property owner couldn’t remove the tree. Please, if a tree is dangerous allow it to be removed.

Increase enforcement and penalties for violations; increase funding for tree maintenance; keep the logging ordinance to mitigate for large developments that remove lots of trees Keep up awareness
L
It great to have trees
Let me cut down some of my trees

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Packet Pg. 373 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 75 Appendix C: Community Engagement
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Seems more trees are removed than is warranted - would love to see more redwoods I think it is good to plant more trees in Pacifica. At the same time, we need to be mindful to plant more native trees and to carefully select the locations for plantings so the trees can grow healthy without causing life safety issues, nor block homeowners views.

Keep up the good work….

Private property owners should be allowed to remove heritage trees on their property without restrictions OR THE CITY SHOULD INDEMNIFY THE OWNERS FOR ANY DAMAGE CAUSED BY THE TREE. It's unfair to force an owner to pay for events the City won't allow the owner to prevent.

Monterey Cypress was an unfortunate choice to plant near homes. They are shallow-rooted and dangerous.

We have quite a few around our home and I worry about them. Better maintenance is imperative.

The large forests of eucalyptus trees are a danger to the neighborhoods, especially Oddstad park. These trees show be removed and replaced with more appropriate species.; The eucalyptus groves are non-native, invasive and a fire risk. They should all be removed. My insurance company considers our neighborhood a wildfire risk because of this. My premiums will go up or I might lose coverage. Apparently, the state might create it's own insurance pool to cover cities like ours.; I am hoping that the City will provide a list of tree species that we should adopt. The eucalyptus should be banned. They poison the ground beneath them, so only more eucalyptus can grow, crowding out native species that wildlife depend on... Nothing eats eucalyptus but fire! And... they require large amounts of water, stealing water from the surrounding forest.

If the city and the homeowner agreed that a tree that is either on the homeowner's property or in front of the homeowner property (city tree) is prone to falling, then it should be removed without interference from a third party.

On the other hand, if a tree that is not on the homeowner's property, but may potentially be dangerous and may fall on the homeowner's property, it seems the city should be able to help convince the tree owner to trim and lower the tree height to offset future danger of falling onto the homeowner's property.

I think the various districts of Pacifica should not be considered by "one size fits all". There is a diverse range in the character of the different neighborhoods. (e.g. Sharp Park with its old and iconic cypress trees; Vallemar with with its palms; and several neighborhoods with relatively few trees); As a resident of Sharp Park, I am VERY away of our number of Heritage Trees, particularly the old Cypress that give such character to our neighborhood. There are problems however. MANY of the trees are not attractive because they have not been cared for and pruned well. Also many of the oldest trees (over 100 years) may damage street walks, driveways, and clog sewer lines with their roots. We need to develop a long-term plan for our cypress trees.

If cared for and pruned well, they can be beautiful. But how do we develop a public-private partnership and fund professional to prune our iconic trees on both public and private land, and along the highway. The replacement of old trees with young ones is also something that deserves thoughtful consideration.

On another topic, much the city's "urban forest" is actually land at the interface of wildland and houses.

Too many of Pacifica's homes lie VERY close to stands of eucalyptus that are at risk of fire. Who will thin these "forests" and clear out the undergrowth/debris so our neighborhoods are safer. Again, this is likely something that needs to be a public-private partnership. Funding will be a challenge.

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Packet Pg. 374 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 76
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

No questions have been asked regarding heritage trees on private property, e.g. , have I paid for tree maintenance? How much does it cost? (About $1500 every couple years). The cypress trees need maintaining and is $$ available for owners who cannot afford the $$ for maintenance? Does PGE do maintenance when tombs reach power lines? Poorly. See tree resting on wires at 110 Hilton Lane. ; Any support for homeowners who must maintain heritage trees? Cypress are expensive to maintain. Not everyone can afford to have the maintenance done.

It would be nice if Pacifica had the funds to maintain the trees. They are such an asset. I realize voters did not support a larger tree budget so they are limited in what they can do. They do a good job with the budget they have but so much more needs to be done. More consideration should be given to relocating wires and PG&E, Comcast, AT&T should contribute something because they all profit from using Pacifica's resources and space,
The appeals process for challenging removal permits is rigged. The City notified me that it was going to remove a Heritage tree because of the proximity to MY house. I had to pay $388 to appeal the removal of this tree in my name. I am retired on fixed income and have lived next to this tree for 26 years. It is not a hazard and do not want it removed. Parks, Beaches and Rec agreed with me by unanimous decision to preserve the tree. The next day, a City council member who was not present at the appeals hearing appealed the PBR decision. This was before the minutes for the hearing or recording were available. When the appeal went before the City Council, another member asked why this decision was appealed and the Council member had no answer. The City Council decided not to rule on the Councilman's challenge and to instead let the PBR decision stand. This experience has left me completely distrustful of City politics. Long time retired residents are being exploited in this process. I could not afford that appeals fee that I was forced to pay and have suffered being targeted by the City of Pacifica.

It would be great if the city had fund to help homeowners remove large trees that are sick or pose a threat.

It is expensive and some older neighbors can't afford to hire anyone. “Substantial trimming” needs to be clearly defined. My neighbors tree canopy covers most of my yard and at times has reached my roofline. It blocks almost all sunlight and drops an immense amount of foliage. As a result, I am constantly cleaning up after their tree and it also kills my plants. Their “right” to a backyard heritage tree should not trump my rights to enjoy my own property.

Clean up areas. Seems no one is doing clean up leaving us in a fire zone because parks are not clean. One match is all it takes to burn on hiking trails and kill possible victims. Yikes so scary.

Love our urban forest and glad the city values it
More trees need to removed, especially the Monterey Pines which are not indigenous to Pacifica and this region. Furthermore, the Monterey Pines pose threats to the environment and public health when they become so large.

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Packet Pg. 375 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 77 Appendix C: Community Engagement
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

From living here for 30 years I have seen too many trees (some heritage quality) mostly privately owned over pruned or pruned poorly. I see this everywhere I travel which is all over the Peninsula for work. No trees were included in the Manor district renewal project- just bulb outs for plants which are being (somewhat) maintained by volunteers. No vertical landscape there- an obvious choice by planners, Could an appropriate species have not been chosen? The area still looks uninviting in part due to lack of trees. This city needs more trees and the resources to care for them. Carmel, Monterey, and Pacific Grove all know this and benefit from their robust urban forest! Whe shouldn’t Pacifica?
In the last 2 years we have had 3 individuals from Pacifica public works come to our house . All three of said individuals determined that the city tree in front out on the street is past due for maintenance only to have these public works reps disappear never yo be heard from again . We did get one call back from Paul who is currently in charge of city tree maintenance. All he could tell us that he is working on it . The last rep that came out said it would be done by July 2021 . This city tree is reeking havoc on not only our property but the properties around us . Why are we using our hard earned tax dollars to pay the tree crew to do nothing ? It is a eucalyptus tree not a heritage tree.

If you're home or property is in danger from a neighbor's tree one should not be required to pay for a permit and the city should inspect it promptly to determine validity and remove if necessary even when on private property
I object to the clearing of open space at Higgins road to build a development in a fire sensitive zone.

Please try to stop PG&E from harshly topping trees and/or badly pruning trees near power lines. Some heritage trees need to be pruned, but PG&E can spend a little more time on each tree and do it better.

Eucalyptus trees offset carbon emissions and provide value to our community. They should be protected along with heritage trees. Also, I would like to urge the City to stop the practice of topping and limbing trees.

Not at all happy with the PG&E handling of the trees in Vallemar. Am missing the massive eucalyptus trees but they are over 100 years old and need to be removed. They are damaged in their cores and are fire hazards.

We need them replaced with hearty natives that will spread a cover and be less of a fire hazard.

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Packet Pg. 376 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Appendix C: Community Engagement 78

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Packet Pg. 377 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) ATTACHMENT 2
SF #4870-5377-2837 v1
SF #4881-1381-7637 v3
Pacifica, CA
Tree Ordinance
DRAFT
2022

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Packet Pg. 378 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Page left intentionally blank. Remove for printing.

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Packet Pg. 379 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) SF #4870-5377-2837 v1
SF #4881-1381-7637 v3
Pacifica, CA
Tree Ordinance
DRAFT
2022
Prepared for:

City of Pacifica
Public Works Department
151 Milagra Drive
Pacifica, CA 94404
Prepared by:

Davey Resource Group, Inc.
6005 Capistrano Avenue
Atascadero, CA 93422
www.davey.com/drg

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Packet Pg. 380 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Table of Contents
Table of Contents..................................................................................................................................................................... 2 Introduction................................................................................................................................................................................ 1 Tree Preservation - Chapter 12........................................................................................................................................... 2 Sec. 4-12.01. - Purpose................................................................................................................................................... 2 Sec. 4-12.02. - Definitions. ............................................................................................................................................ 2 Sec. 4-12.03. – Prohibited Activities. .......................................................................................................................... 4 Sec. 4-12.04. - Applications for Tree Removal Permits...................................................................................... 4 Sec. 4-12.08. - Designation of Heritage Trees ......................................................................................................... 9 Sec. 4-12.09. - Emergency Tree Removals................................................................................................................. 9 Sec. 4-12.10. Tree Protection and Preservation Plans....................................................................................10 Sec. 4-12.11. - Establishment of Tree Fund..........................................................................................................13 Sec. 4-12.12. - Permits: Fees.......................................................................................................................................14 Sec. 4-12.13. - Violations: Penalties.........................................................................................................................14 Maintenance and Preservation of City Trees - Chapter 14 ....................................................................................15 Sec. 4-14.01. - Scope and intent...............................................................................................................................15 Sec. 4-14.02. - Definitions. ...........................................................................................................................................15 Sec. 4-14.03. –Inspection, maintenance, and removal by City......................................................................15 Sec. 4-14.04. – Definition of City Trees. .................................................................................................................16 Sec. 4-14.06 Tree Planting Permit. ...........................................................................................................................17 Sec. 4-14.07 - City Removal of City Trees. ............................................................................................................17 Section 4.14.08 – Violations: Penalty ......................................................................................................................17 Ordinance No. 636-C.S. and No. 673 C.S. .......................................................... Error! Bookmark not defined.

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Packet Pg. 381 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 1 Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
SF #4870-5377-2837 v1
SF #4881-1381-7637 v3
Introduction
Based on a review of Pacifica Municipal Code Chapter 12: Preservation of Heritage Trees and Chapter 14:

Maintenance and Preservation of City Trees and consideration of current industry standards, DRG recommends additional language and revisions as outlined in this report. The revisions recommended in this redline review of Chapter 12 and 14 are intended to increase clarity and enhance protections for Pacifica’s trees. The primary purpose of the revisions is to:

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Packet Pg. 382 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Tree Preservation - Chapter 12
Sec. 4-12.01. - Purpose.
(a) It is recognized that the preservation of protected trees on public and private property is important for the following reasons:
(1) To continue to encourage and ensure quality development; (2) To protect and conserve the attractiveness, aesthetic and scenic beauty, and historic atmosphere of the City;
(3) To protect the environment;
(4) To reduce air pollution;
(5) To decrease wind velocity and reduce potential wind damage; (6) To provide shade and reduce the effects of urban heat islands; (7) To act as a noise buffer;
(8) To reduce stormwater runoff and improve infiltration into the ground, thereby protecting against potential damages from soil erosion, mudslides and flooding, as well as reducing the cost of handling storm water by artificial means. (9) To sequester carbon dioxide in woody and foliar biomass; (10) To lower the demand for electricity and natural gas. (b) In order to promote the health, safety, and general welfare of the citizens of the City, while recognizing individual rights to develop, maintain, and enjoy private property, it is necessary to enact regulations preserving and protecting trees on private or City-owned property within the City. The provisions of this chapter apply to all areas within the jurisdiction of the City of Pacifica.

Sec. 4-12.02. - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “ANSI A300 Standards” shall refer to the American National Standards Institute (ANSI) for Tree Care Operations—Tree, Shrub and Other Wood Plant Maintenance-Standard Practices. (b) “Arborist report” shall refer to a report prepared by a qualified arborist that may include, as determined by the Director, information concerning the location of, and potential impacts of proposed development on one or more City trees or private protected trees. (c) "City" shall mean the City of Pacifica, acting by and through its authorized representatives. (d) "Director" shall mean the Director of the Department of Public Works of the City, or his or her designee.
(e) “Diameter” or “DBH” shall be the diameter of a tree measured at a standard height of four and half (4.5’) feet or fifty-four (54”) inches above grade (referred to as diameter at breast height).

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Packet Pg. 383 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 3 Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
SF #4870-5377-2837 v1
SF #4881-1381-7637 v3
(g) “Dripline” shall refer to an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.
(h) “Dying tree” shall refer to a tree that cannot be reasonably mitigated to extend its useful lifespan.
(i) “Grove” shall mean a natural grouping or cluster of twenty (20) or more trees of any species with a minimum diameter of six (6”) inches in diameter. The grove may exist on an individual parcel or contiguous parcels.
(j) "Heritage tree" shall mean any tree that meets the criteria set forth in Section 4-12.08:
(k) "Owner" shall mean the owner of the real property on which the tree is situated as shown on the most recent County Assessor's tax roll.
(l) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives.
(n) "Private property" shall mean and include all property not owned by the City or another public agency.
(o) “Protected tree” shall mean and include:
(1) All trees on public and private property within the City of Pacifica, which have a trunk with a diameter of twelve (12″) inches or greater.
(2) Any Heritage Tree designated by the Director.
(3) Any groves of trees.
(p) “Public property” shall mean property owned by the City of Pacifica, but not limited to, parks, playgrounds, rights-of-way, streets, facilities, and other property regularly used by the general public.
(q) “Qualified arborist” shall mean a person who is certified as an arborist by the International Society of Arboriculture (ISA) with an active ISA certification number or a person who is a registered consulting arborist with the American Society of Consulting Arborists. (r) “Regulated work” shall mean tree pruning or any act or actions that could cause irreparable damage, adversely impact health; including but not limited to excessive pruning, cutting, girdling, poisoning, overwatering, relocating, trenching, excavating, altering the grade, or paving within the dripline of a tree, or result in the death of, a protected tree requiring a permit and as listed in Section 12-4.05. Regulated work does not include routine maintenance. (s) “Remove” shall mean and include complete removal of a tree, including its root ball, or cutting down to the ground.
(t) “Routine maintenance” shall mean irrigating, applying mulch, mowing, or trimming grass or other ground cover close to a tree.
(u) “Significant Pruning” shall mean pruning of more than 15% of the functioning leaf and stem area of a Protected tree or any pruning roots that are tow (2”) inches in diameter or greater (v) “Specimen or significant tree” shall refer to an individual tree determined by the Director that due to species, age, historical significance, aesthetic and/or ecology provides unique or intrinsic value to the community.
(w) “Stop Work Order” shall refer to the suspension and prohibition of further activity on the property needing a City permit or having City-issued permits until a mitigation plan has been filed with and approved by the Director, agree to in writing by the property owner(s), and either implemented or guaranteed by the posting of a performance security.

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Packet Pg. 384 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) (x) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.
(y) “Trenching” shall mean any excavation to provide irrigation, install foundations, utility lines, services, pipe, drainage or other property improvements below grade. (z) “Tree protection and preservation plan” shall mean the plan prepared by a qualified arborist, submitted by the applicant, and approved by the Director that details existing tree conditions and the measures that will be used to protect trees during development, construction, and landscaping activities.
(aa)“Trunk protection zone” or “TPZ” shall mean the area of ground extending out from the trunk of a tree in all directions where activity is prohibited to protect tree roots.

Sec. 4-12.03. – Prohibited Activities.

It is unlawful for person not employed or designated by the City to do any of the following with Protected Trees or City Trees as defined in Chapter 14 of Title 4 of this Code:
(a) Affixing any signs, lights, wire, rope, or hardware to a protected tree; (b)Placing or maintain any stone, pavement or other substance so that it impedes access of water or air to the roots of any protected tree;
(c)Topping or any other practice that is considered unacceptable under the current ANSI A300 standards of a protected tree;
(d)Placing or storing construction equipment or construction material within the trunk protection zone of a protected tree;
(e)Applying any harmful or deleterious substance within the trunk protection zone of a protected tree.

Sec. 4-12.04. - Applications for Tree Removal Permits.
(a) Tree Removal Permit. Any person who desires to remove a protected tree or City Tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree or trees involved, a statement of the reason for the removal, and any other pertinent information as may be required by the City.

The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City staff will assess the need for a permit related to dead/dying tree(s).

An arborist’s report will be required for removal of a protected tree(s) needing a permit. No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the Director, staff, or any agent of the City may enter the property where the tree is located for fourteen (14) calendar days after the application is received by the City.
(b) Within fourteen (14) calendar days after the receipt of the application, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and shall issue a proposed decision to approve or deny the tree removal permit and setting forth the conditions to be imposed. The Director shall give notice of the application and proposed decision pursuant to Section 4-12.07 herein.
(c) A tree removal permit shall be granted based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services; (2) Whether the requested action is necessary for the economically viable use of the property;

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Packet Pg. 385 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 5 Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
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(3) The topography of the land and effect of the requested action on it; (4) The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, and general welfare of the area and the City as a whole; and
(5) The number of healthy trees the parcel is able to support. (a) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(b) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature Protected Tree minus the cost of the two replacement trees or payment of the full replacement value of a mature tree or trees in lieu thereof if on-site replacement is not feasible. No applicant shall be required to expend more on the replacement trees than the appraised value of the trees for which a permit is required. The Director shall determine the replacement value of the trees utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.
(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of one and a half (1.5”) inches measured with calipers, unless otherwise approved by the Director.
(3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.
(c) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (d) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter.
(1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) While the tree removal application process is underway, the building permit issuance and associated administrative approvals will be delayed until the tree permit decision and any appeals is finished.

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Packet Pg. 386 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) (e) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.
(f) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

Sec. 4-12.05. - Applications for Tree Pruning Permits.
(a) Tree pruning permit. Any person who desires to perform Significant Pruning on any part of a Protected Tree or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree(s) involved, a statement of the reason for the pruning and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City Staff will assess the need for a permit related to dead/dying tree(s). No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the director staff, or any agent of the City may enter the property where the tree is located for (14) calendar days after the application is received by the City.
(b) Within fourteen (14) calendar days after the receipt of the application for a pruning permit, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and issue a proposed decision to approve or deny the tree pruning permit and setting forth the conditions to be imposed. The Director shall give notice in accordance with Section 4-12.07 herein.
(c) The Tree Pruning permit shall be granted by the Director based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
(2) Whether the requested action is necessary for the economically viable use of the property; and
(3) Pruning will be conducted in accordance with ANSI A-300 Standards. (d) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(e) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (f) If an application for a building permit would require any significant pruning of any part of a protected tree or City Tree as defined in Chapter 14 of Title 4 of this code, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree pruning permit under this chapter.

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(g) The Director may require submission of additional information as necessary, including but not limited to photographs.
(h) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit. (i) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (j) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Sec. 4-12.06. - Applications for Tree encroachment permits. (a) Tree encroachment permit. Any person who desires to relocate or transport a Protected Tree, or apply fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a Protected Tree or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree(s) involved, a statement of the reason for the requested action and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City Staff will assess the need for a permit related to dead/dying tree(s).

No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the director staff, or any agent of the City may enter the property where the tree is located for (14) calendar days after the application is received by the City.
(b) Within fourteen (14) calendar days after the receipt of the application for the tree encroachment permit, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and issue a proposed decision to approve or deny the tree pruning permit and setting forth the conditions to be imposed. The Director shall give notice in accordance with Section 4-12.07 herein.
(c) A Tree Encroachment permit for relocating or transporting a protected tree, applying fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a Protected Tree or City Tree shall be granted based on the following criteria:
(1) If the applicant cannot achieve its goals without performing regulated activities. (2) The proposed regulated activities comply with ANSI A300, to ensure the safety or health of the tree(s) during pruning or other regulated activities. (3) Any regulated activity described in subsection (5) of subsection (m) of Section 4-12.02 shall adhere to the provisions of Section 4-12.08 of this chapter. (d) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written

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Packet Pg. 388 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(e) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (f) If an application for a building permit would require persons to relocate or transport a protected tree, or apply fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a protected tree on private property, pruning of any part of a of a protected tree or City T, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree encroachment permit under this chapter and must comply with the following:
(1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) While the tree encroachment application process is underway, the building permit and associated administrative deadlines will be suspended until the tree permit decision and any appeals is finished.
(g) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Posting a notice on the tree or on one of the trees so as to be visible from the street. If the notice is not visible when posted on the tree or trees, it may be posted in another visible location on the property; (2) Delivering a notice by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice by first-class mail to adjacent and abutting property owners to the tree or trees involved. The City will post notice of application and the Director’s proposed decision for tree removal permits on the City website.
(b) Within ten (10) Calendar days, the proposed decision may be appealed to the Parks, Beaches, and Recreation Commission by filing a written notice of appeal with the Director. No person may perform regulated work for which a permit appeal is pending. (c) The Parks, Beaches, and Recreation Commission shall fix the time and place for the hearing of the appeal and shall cause a written notice of the hearing to be mailed to the appellant and the persons mentioned in subsection (a) of this section at least ten (10) Calendar days before the

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hearing. The Parks, Beaches, and Recreation Commission may approve, disapprove or modify the decision of the Director, including any conditions he or she may have imposed. (d) The decision of the Parks, Beaches, and Recreation Commission may be appealed to the Council by filing a notice of appeal with the City Clerk within ten (10) calendar days of the date of the decision of the Parks, Beaches, and Recreation Commission. Appeals shall be heard and determined according to the procedures set forth in Chapter 4 of Title 1 of this Code. The Council may approve, disapprove, or modify the decision of the Parks, Beaches, and Recreation Commission, including any condition it may have imposed.

The Director may also designate Heritage Trees that meet any of the following criteria:
(i) Tree(s) of historic value;
(ii) Specimen tree(s) of any species;
(iii) Any tree of substantial size of its species;
(iv) is one of the largest and oldest trees in Pacifica; or (v) Signifiant habitat value;
(b)as follows:
(3) Upon designation of any Heritage Tree, the Director shall post on the City’s website and on any newly designated Heritage Tree a Notice of Designation and notify the property owner via regular mail. Within 10 calendar days of any such postings/notifications, any interested party may submit an appeal to the City Clerk regarding any such designation by the Director.
a) Any appeal received within the appeal period shall be scheduled for an administrative hearing before the City Manager. The City Manager will then schedule a hearing date wherein the appellant will be able to state their grounds for appeal. At the conclusion of the hearing the City Manager shall render a decision within 30 days and provide notice of his/her decision within 30 days.
b) The decision of the City Manager will be final and no further administrative review will be available.

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Packet Pg. 390 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) collection by either a lien or a special assesment against the property where the tree removal was requried.
(i) Nuisance abatement lien. The City may collect the cost of the emergency tree removal and any related administrative costs through a nuisance abatement lien. Notice of the lien shall be served on the property owner of record either through personal or mail delivery.
(ii) Special assessment. The City may collect the costs of the emergency tree removal and any related administrative costs through a special assessment against the parcel of land where the tree removal took place. Notice shall be given at the time of imposing the assessment and specify that the property may sold after three years for unpaid delinquent assessment.
(iii) In the event any legal action is required to enforce these provisions, the prevailing party shall be entitled to recover their attorneys’ fees. (c) Public utilities subject to the jurisdiction of the Public Utilities Commission of the State may take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities.

Sec. 4-12.10. Tree Protection and Preservation Plans.
(a) A Tree protection and preservation plan must be submitted in conjunction with any development proposal which requires a discretionary permit or other land use approval as set forth in Title 9 of this Code, or a proposal to engage in regulated work within fifty (50’) feet of a protected tree., The Tree Preservation and Protection Plan shall insure the preservation of protected trees during construction so as to maximize chances for their survival. Such projects are exempt from obtaining a tree removal permit from the Director pursuant to Section 4-

12.06. The official or public body authorized to grant the development approval sought shall implement the purposes of this chapter by means of review and approval of the tree protection plan and shall condition the plan to insure compliance with and to further the purposes of this chapter, including requirements for replacement plantings and/or an in lieu fee. Public notice of the proposal to remove trees shall be given in conjunction with and in the same manner as the notice requirements applicable to the permit or land use approval sought. (b) Plan preparation. The plan shall be prepared by a qualified arborist, horticulturist, landscape architect or other qualified person a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization. (c) Plan content. The plan shall include all the following information:
(1) Tree inventory for all trees that are six (6”) inches or greater within the proposed project site and within fifty (50’) feet of the project’s limits of disturbance, including trees that are on adjacent property and within the public rights-of-way.

The tree inventory shall be conducted by a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization. The tree inventory shall include species, diameter, condition and whether tree is proposed to be preserved or removed.
(2) Site plan with the accurate location of tree trunks and Tree Protection Zones for all trees or groups of trees to be preserved within and adjacent to the project site; (3) A description of the plan for watering trees during the duration of construction activities; (4) Acknowledgement of tree protection standards herein;

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(5) The species and diameter of all trees involved;
(6) The applicant may be required to provide a plot plan, survey drawn to scale depicting the tree(s), or photographs. Standards For Approval of Plan; and (7) Other information pertinent to the project.
(d) A Plan will only be approved if it complies with the following standards:

Tree root protection. Plan must include a statement certifying that the applicant is responsible to use his or her best efforts to preserve all trees which are to remain on the project site.

With respect to protected trees, the following specific construction practices shall also be included in Plan:
(i) The radius of the Trunk Protection Zone (TPZ) is calculated by using the following methods:
a. For all trees up to twenty-four (24") inches in diameter the radius of the TPZ is one and half (1.5) times the trunk diameter (DBH).
b. For all tree greater than twenty-four (24") inches in diameter the radius of the TPZ is two (2) times the trunk diameter (DBH).
c. Common TPZ radii and areas are shown and calculated in Table 1. (a) Table 1. Minimum Trunk Protection Zone Areas for trees less than 25 inches in diameter.

Trunk Diameter (inches) Radius of TPZ
(ft)
Area of TPZ
(ft²)
0 to 4 inches 6 113
5 7.5 177
6 9 254
7 10.5 346
8 12 452
9 13.5 573
10 15 707
11 16.5 855
12 18 1,018
13 19.5 1,195
14 21 1,385
15 22.5 1,590
16 24 1,810
17 25.5 2,043

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Packet Pg. 392 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Trunk Diameter (inches) Radius of TPZ
(ft)
Area of TPZ
(ft²)
18 27 2,290
19 28.5 2,552
20 30 2,827
21 31.5 3,117
22 33 3,421
23 34.5 3,739
24 36 4,072
25 and over 50 7,854
(ii) The Plan shall not include any of the following prohibited activities within the TPZ:
a. Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous materials on or around trees and roots. b. The use of tree trunks as a winch support, anchorage, as temporary pole, signpost, or other similar function.
c. Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation without prior approval from the Director.
d. Soil disturbance or grade change.
e. Drainage changes.
(iii) The Director may require the following in the TPZ:
a. Wood chips or mulch spread within the TPZ of a depth of four (4”) inches to six (6”) inches, leaving the trunk clear, to help reduce moisture loss and compaction. b. Root buffers for areas that cannot be fenced or as a temporary buffer and shall cover the TPZ and shall be maintained to a minimum depth as specified by the Director.
c. Irrigation and aeration.
d. Erosion control.
(iv) A warning sign shall be prominently displayed on each fence, indicating WARNING - Trunk Protection Zone on a minimum of 8.5 x 11-inches and shall not be removed. (v) The Tree Protection and Preservation Plan shall be displayed in a conspicuous place or in proximity to the tree or trees on the construction site. (ii) The TPZ for each protected tree or group of trees to be preserved shall be protected by installing a five (5’) or six (6’) foot high chain link fencing mounted on two (2”) inch diameter galvanized iron posts, driven into the ground to a depth of at least two (2’) feet at no more than ten (10’) foot spacing to enclose the entire TPZ prior to demolition, grading, paving, movement of heavy equipment, or other construction activity begins.

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(3) Landscape plans. Landscape plans, when required, must show the proposed landscaping within the TPZ of trees and the proposed replacement plantings on site. (4) Nonconformance. In case of nonconformance with the tree protection requirements set forth in specific construction practices in this section, the Director may issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director and shall be subject to a penalty, at a damage rate determined and periodically revised by the Director. Measurement of the damage shall be determined by the width of the wound measured at the widest point. Penalty shall be paid to the City and deposited to the Tree Fund.
(5) Tree damage or destruction. Should unauthorized work or nonconformance lead to the threat of tree damage or destruction, the Director shall issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director. (6) Mitigation Plan. A mitigation plan shall include measures for protection of any remaining trees on the project site and include replacements for each tree removed at a replacement ratio set forth by Section 4.12.04.
(7) Performance security. Performance security, whether by security bond, cash deposit, or other security acceptable to the City, shall be required prior to issuance of a tree encroachment permit in order to assure protection of trees on the site. The amount of any said performance security shall be set at 50% of the value of the affected tree or trees, whichever is greater. Tree value shall be determined by using the Guide for Plant Appraisal (10th Edition or newer). The performance security shall be forfeited if, prior to final building permit inspection, the Director finds that the tree has suffered permanent damage. If no permanent damage has occurred, the performance security shall be returned two (2) years after the final building permit inspection has been completed. The applicant must submit a request for the two (2) year inspection and release of the security, in writing to the Director. If the tree(s) fail to survive, the applicant shall replace them. If the applicant fails to replace the tree(s), the performance security shall be forfeited. Funds collected through the forfeiture of performance security shall be deposited into the Tree Fund.
(e) Reporting. Any damage or injury to the roots, trunk, or branches of a Protected Tree(s) or City Tree(s) shall be reported to the Director within twelve (12) hours by contacting the Department of Public Works at [STAFF TO INSERT CONTACT OR METHOD OF NOTICE] Sec. 4-12.11. - Establishment of Tree Fund.
(a) The City shall establish a Tree Fund to further the purposes set forth in Section 4-12.01. (b) The following sources may be deposited into the Tree Fund:
(1) All moneys received pursuant to Chapters 12 and 14 of this Code. (2) Agreed-upon restoration payment or settlement in lieu of penalties; (3) Donations and grants for tree purposes;
(4) Other moneys allocated by the Council.
(c) The City shall administer and use the Tree Fund for the following purposes:
(1) Purchasing, planting, and maintaining trees within the City;

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Packet Pg. 394 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) (2) Acquiring, maintaining, and preserving trees within the City to remain in a naturalistic state in perpetuity;
(3) Performing and maintaining a City-wide tree inventory; (4) Educating residents and developers on the preservation, care, maintenance, benefits and value of trees within the City of Pacifica; and
(5) Supporting programs for the purpose of increasing the tree canopy within the City of Pacifica as approved by the Council
Sec. 4-12.12. - Permits: Fees.

The fees for any permits required by this chapter shall be those adopted by the Council in its Administrative Policy No. 2.

Sec. 4-12.13. - Violations: Penalties.
(a) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the county jail for a period not exceeding six (6) months, or both in accordance with Chapter 2, Title 1 of this Code.
(b) Violations of this chapter are a public nuisance.
(c) Any person that removes, relocates or transports a Protected Tree without a Tree Removal Permit shall be required to either: 1) replace the removed Protected Tree to the satisfaction of the Director which replacement plantings will require a minimum of two (2) replacement trees for every otherwise healthy tree removed including the payment of the replacement value of the mature Protected Tree minus the cost of the two replacement trees; or 2) payment of the full replacement value of mature tree(s) in lieu thereof if on-site replacement is not feasible. Any replacement of Protected Trees shall be reviewed and approved by the Director in her/his sole discretion. (d) All remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other, remedy for the purpose of enforcing this chapter.

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Maintenance and Preservation of
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Sec. 4-14.01. - Scope and intent.

It is the intent and policy of the City of Pacifica to protect and maintain the unique and characteristic arboreal landscape of the City by employing and using best management practices with respect to the selection and maintenance of City trees. To accomplish this, the City may, as specified in this chapter, prepare, adopt and use written guidelines and policies for healthy urban forest management, and may amend such policies from time to time as necessary.

Sec. 4-14.02. - Definitions.
(a) “ANSI A300 Standards” shall refer to the American National Standards Institute (ANSI) for Tree Care Operations—Tree, Shrub and Other Wood Plant Maintenance-Standard Practices. (b) “Deleterious substances” shall mean any materials that are detrimental to tree health including, but not limited to paint, petroleum products, concrete, and other harmful substances. (c) “Diameter” or “DBH” shall be the diameter of a tree measured at a standard height of four and half (4.5’) feet or fifty-four (54”) inches above grade (referred to as diameter at breast height). Multi-stemmed trees shall be measured by averaging the stem’s diameters. (d) “Director” shall refer to the Director of the Department of Public Works, or his/her designee. (e) “Planting Strip” Shall mean [STAFF TO ADD]
(f) “Routine maintenance” shall mean irrigating, applying mulch, mowing or trimming grass or other ground cover close to a tree.
(g) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.

Sec. 4-14.03. – Inspection, maintenance, and removal by City. (a) The preservation and maintenance of City trees shall be managed and conducted by the Department of Public Works. The Director of the Department of Public Works, or his/her designee (hereinafter, the "Director"), shall have the authority to adopt written policies and procedures for proper urban forest management consistent with the guidelines set forth in Section 4-14.01 of this chapter. Such written measures may be amended, appended, modified or revoked from time to time, in writing, by the Director or his/her designee, who shall, within ten (10) working days of signing and adopting such measures, make such measures available to the public by depositing a copy of same with the office of the City Clerk be charged with the enforcement of this chapter and the performance of municipal functions as herein established.
(b) The Director shall have the authority to plant, inspect, spray, preserve, prune, and perform routine maintenance on City trees.
(c) The Director shall have the authority to remove a City tree pursuant to Sec. 4-14.07.

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Packet Pg. 396 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) (d) The Director shall have the authority to supervise all work done under a permit issued in accordance with the terms of this chapter and Chapter 12. (e) The Director shall have the authority to impose conditions to the granting of a permit hereunder and to require that applications for permits contain such information as the Director shall find reasonably necessary to a fair determination of whether a permit should be issued. (f) No person shall interfere or cause any other person to interfere with any tree related work performed pursuant to this code by any City employee or any City contractor. (g) Adjacent property owners are responsible for routine maintenance within the planting strip or planting easement. The Director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant materials on private property that would cause serious injury to City trees and other plant materials within the City. The Director shall notify the property owners in writing, describe the conditions, state the control necessary to correct the condition, and establish a reasonable time within which the corrective steps shall be taken.

1. are located on City-owned property, or on property on which the City has an easement or other property interest;

2. are not located in areas otherwise prescribed by law, contract, conditions of approval, or similar requirement or obligation to be the responsibility of adjacent property owners, leaseholders, or other public agencies or their respective tenants; and

3. meet at least one of the criteria set forth below:
a. Sidewalk: Four (4’) feet. When a sidewalk abuts private property, and there is no delineated planting strip as described in this chapter, the field measurement shall be four (4’) feet, starting from the edge of the sidewalk closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4’) foot measurement shall be deemed a City tree for maintenance purposes;
b. Planting strip or greenbelt: No measurement. Occasionally, trees are located in planting strips which run between the street and the sidewalk. When a planting strip or greenbelt area exists between a public street and a sidewalk abutting a private property or residence, no measurement shall be taken. Trees located in this planting strip are designated as City trees for maintenance purposes, and trees located between the strip and the abutting property or residence are not City trees;
c. No sidewalk (curb only): Four (4’) feet. When there is only a curb abutting private property, but no sidewalk, and no delineated planting strip, the field measurement shall be four (4’) feet, starting from the edge of the curb closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4’) foot measurement shall be deemed a City tree for maintenance purposes;

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d. No sidewalk or curb: Four (4’) feet from street. When there is no sidewalk, and no curb, and no delineated planting strip, the field measurement shall be four (4’) feet, starting from the edge of the asphalt of the City street (notwithstanding any additional subsequent asphalt, paving or hardscaping installed), measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4’) foot measurement shall be deemed a City tree for maintenance purposes.
(b) The designation of any tree as a City tree means only that the City will include such tree in its maintenance and evaluation schedule—it does not create any additional rights, responsibilities, liabilities or presumptions on the part of the City.

Sec. 4-14.06. – Tree Planting Permit.
(a) A Tree Planting Permit shall be required for the planting of any tree, shrub or other plant material in a planting strip or planting easement unless performed by an agent or employee of the City.
(b) Any application for a Tree Planting Permit must contain the number of trees/shrubs/other plant material to be planted, the location, size, species, and spacing of each tree, and such other information as the Director may require.
(c) No tree shall be planted within five (5’) feet of a driveway, nor shall a tree be planted nearer to the intersection of any two or more streets than forty (40’) feet from the point of intersection of any two public rights-of-way lines.

Sec. 4-14.07. – City Removal of City Trees.
(a) The Director may remove any City tree when the condition of the tree constitutes an imminently dangerous condition to the public health, safety or welfare or is a threat to the health of other trees because of pests or disease, and ankh such determination will be in the sole discretion of the Director.
(b) The Director may remove or cause the removal of any City trees or other plant materials planted in a planting strip or planting easement if such City trees or plant materials are deemed by the Director to be unhealthy, hazardous, undesirable, or causing excessive damage to existing public improvements or City trees.

Section 4.14.08. – Violations: Penalty.
(a) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the county jail for a period not exceeding six (6) months, or both in accordance with Chapter 2, Title 1 of this Code. (b) Any person violating any provision of this chapter may also be subject to administrative civil penalties of up to a maximum of $1,000 pursuant to Section 1-6.60 of this Code. (c) Violations of this chapter are a public nuisance.
(d) Any person not employed or empowered by the City that removes a City tree without a Tree Removal Permit shall be required to replace the City tree with at least two (2) trees or payment

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Packet Pg. 398 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) of the replacement value of the tree or trees in lieu thereof if on-site replacement is not feasible.
(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of 1.5”, unless otherwise approved by the Director.
(3) Replacement tree shall be planted to the satisfaction of the Director. (4) Replacement trees shall require subsequent replacement trees in the event that the original replacement trees fail to establish.
(f) All remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other, remedy for the purpose of enforcing this chapter.

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Packet Pg. 399 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) SF #4870
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1 Formatted: Header
Pacifica, CA
Tree Ordinance
DRAFT
2022

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Packet Pg. 400 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) Page left intentionally blank. Remove for printing.

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Packet Pg. 401 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) SF #4870-5377-2837 v1
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3 Formatted: Header
Pacifica, CA
Tree Ordinance
DRAFT
2022
Prepared for:

City of Pacifica
Public Works Department
151 Milagra Drive
Pacifica, CA 94404
Prepared by:

Davey Resource Group, Inc.
6005 Capistrano Avenue
Atascadero, CA 93422
www.davey.com/drg

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Packet Pg. 402 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) Table of Contents
Table of Contents ..................................................................................................................................................................... 24 Introduction ................................................................................................................................................................................ 15 Tree Preservation - Chapter 12 ........................................................................................................................................... 26 Sec. 4-12.01. - Purpose.
.................................................................................................................................................. 26 Sec. 4-12.02. - Definitions. ............................................................................................................................................

2............................................................................................................................................. 8 Sec. 4-12.03. – Prohibited Activities. .......................................................................................................................... 48 Sec. 4-12.04. - Applications for Tree Removal Permits. ..................................................................................... 48 Sec. 4-12.05. - Applications for Tree Pruning Permits........................................................................................ 10 Sec. 4-12.06. - Applications for Tree encroachment permits......................................................................... 11 Sec. 4-12.07. - Notices of actions on Tree Removal, Pruning and Encroachment Permits Appeals. 12 Sec. 4-12.08. - Designation of Heritage Trees .........................................................................................................

9...................................................................................................... 13 Sec. 4-12.09. - Emergency Tree Removals.................................................................................................................

9.............................................................................................................. 14 Sec. 4-12.10. Tree Protection and Preservation Plans. ...................................................................................

10.................................................................................... 14 Sec. 4-12.11. - Establishment of Tree Fund .......................................................................................................... 1318 Sec. 4-12.12. - Permits: Fees.
...................................................................................................................................... 1418 Sec. 4-12.13. - Violations: Penalties. ........................................................................................................................ 1419
Maintenance and Preservation of City Trees - Chapter 14 .................................................................................... 1519 Sec. 4-14.01. - Scope and intent.
.............................................................................................................................. 1519

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Packet Pg. 403 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) SF #4870-5377-2837 v1
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Sec. 4-14.02. - Definitions. ........................................................................................................................................... 1519
Sec. 4-14.03. –Inspection, maintenance, and removal by City. ..................................................................... 1520 Sec. 4-14.04. – Definition of City Trees.
................................................................................................................. 1620 Sec. 4-14.0605 Tree Planting Permit. ........................................................................................................................... 1721 Sec. 4-14.07 - City06 - Removal of City Trees. ............................................................................................................

17..................................................................................................................... 22 Section 4.14.Sec. 4-14-07 – Notice of all Tree Removal, Pruning and Encroachment Permits Appeals……………. 24
Sec. 14-14-08 – Violations: Penalty ...................................................................................................................... 17 ......................................................................................................................... 24 Ordinance No. 636-C.S. and No. 673 C.S. .....................................................Error! Bookmark not defined.

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Packet Pg. 404 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) Introduction
Based on a review of Pacifica Municipal Code Chapter 12: Preservation of Heritage Trees and Chapter 14:

Protect trees and tree canopy on both public and private property Improve clarity and consistency of policy, define terms more clearly, and use consistent and clear language to make the policy overall more enforceable
Explicate adjacent property owner’s responsibilities in maintaining City trees Define tree protection measures for City trees
Clarify the tree removal process
1 14.c
Packet Pg. 405 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
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Tree Preservation - Chapter 12
Sec. 4-12.01. - Purpose.
(a) It is recognized that the preservation of protected trees on public and private property is important for the following reasons:
(1) To continue to encourage and ensure quality development; (2) To protect and conserve the attractiveness, aesthetic and scenic beauty, and historic atmosphere of the City;
(3) To protect the environment;
(4) To reduce air pollution;
(5) To decrease wind velocity and reduce potential wind damage; (6) To provide shade and reduce the effects of urban heat islands; (7) To act as a noise buffer;
(8) To reduce stormwater runoff and improve infiltration into the ground, thereby protecting against potential damages from soil erosion, mudslides and flooding, as well as reducing the cost of handling storm water by artificial means. (9) To sequester carbon dioxide in woody and foliar biomass; (10) To lower the demand for electricity and natural gas. (b) In order to promote the health, safety, and general welfare of the citizens of the City, while recognizing individual rights to develop, maintain, and enjoy private property, it is necessary to enact regulations preserving and protecting trees on private or City-owned property within the City. The provisions of this chapter apply to all areas within the jurisdiction of the City of Pacifica.

Sec. 4-12.02. - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “ANSI A300 Standards” shall refer to the American National Standards Institute (ANSI) for Tree Care Operations—Tree, Shrub and Other Wood Plant Maintenance-Standard Practices. (b) “Arborist report” shall refer to a report prepared by a qualified arborist that may include, as determined by the Director, information concerning the location of, and potential impacts of proposed development on one or more City trees or private protected trees. (c) "City" shall mean the City of Pacifica, acting by and through its authorized representatives. (d) (c)(d) "Director" shall mean the Director of the Department of Public Works of the City, or his or her designee.

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Packet Pg. 406 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) (e) “Diameter” or “DBH” shall be the diameter of a tree measured at a standard height of four and half (4.5’) feet or fifty-four (54”) inches above grade (referred to as diameter at breast height).

Multi-stemmed trees shall be measured by averaging the diameters of the stems. (f) “Deleterious substances” shall mean any materials that are detrimental to tree health including, but not limited to paint, petroleum products, concrete, and other harmful substances. (g) “Dripline” shall refer to an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.
(h) “Dying tree” shall refer to a tree that cannot be reasonably mitigated to extend its useful lifespan.
(i) “Grove” shall mean a natural grouping or cluster of twenty (20ten (10) or more trees of any species with a minimum diameter of six (6”) inches in diameter. The grove may exist on an individual parcel or contiguous parcels.
(j) "Heritage tree" shall mean any tree that meets the criteria set forth in Section 4-12.08:
(k) "Owner" shall mean the owner of the real property on which the tree is situated as shown on the most recent County Assessor's tax roll.
(l) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives.
(n)(m) "Private property" shall mean and include all property not owned by the City or another public agency.
(o)(n) “Protected tree” shall mean and include:
(1) All trees on public and private property within the City of Pacifica, which have a trunk with a diameter of twelve (12″) inches or greater.
(2) Any Heritage Tree designated by the Director.
(3) Any groves of trees.
(4) Eucalyptus and any species determined invasive by the California Invasive Plants Council are not protected by this chapter, except as the director may deem otherwise. (p) “Public property” shall mean property owned by the City of Pacifica, but not limited to, parks, playgrounds, rights-of-way, streets, facilities, and other property regularly used by the general public.
(q) “Qualified arborist” shall mean a person who is certified as an arborist by the International Society of Arboriculture (ISA) with an active ISA certification number or a person who is a registered consulting arborist with the American Society of Consulting Arborists. (r) “Regulated work” shall mean tree pruning or any act or actions that could cause irreparable damage, adversely impact health; including but not limited to excessive pruning, cutting, girdling, poisoning, overwatering, relocating, trenching, excavating, altering the grade, or paving within the dripline of a tree, or result in the death of, a protected tree requiring a permit and as listed in Section 12-4.05. Regulated work does not include routine maintenance. (s) “Remove” shall mean and include complete removal of a tree, including its root ball, or cutting down to the ground.
(t) “Routine maintenance” shall mean irrigating, applying mulch, mowing, or trimming grass or other ground cover close to a tree.
(u) “Significant Pruning” shall mean pruning of more than 15% of the functioning leaf and stem area of a Protected tree or any pruning roots that are tow (2”) inches in diameter or greater Formatted: Indent: Hanging: 0.25", Space After: 0.7
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Packet Pg. 407 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
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(v) “Specimen or significant tree” shall refer to an individual tree determined by the Director that due to species, age, historical significance, aesthetic and/or ecology provides unique or intrinsic value to the community.
(w) “Stop Work Order” shall refer to the suspension and prohibition of further activity on the property needing a City permit or having City-issued permits until a mitigation plan has been filed with and approved by the Director, agree to in writing by the property owner(s), and either implemented or guaranteed by the posting of a performance security. 3 (x) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.
(y) “Trenching” shall mean any excavation to provide irrigation, install foundations, utility lines, services, pipe, drainage or other property improvements below grade. (z) “Tree protection and preservation plan” shall mean the plan prepared by a qualified arborist, submitted by the applicant, and approved by the Director that details existing tree conditions and the measures that will be used to protect trees during development, construction, and landscaping activities.
(aa)“Trunk protection zone” or “TPZ” shall mean the area of ground extending out from the trunk of a tree in all directions where activity is prohibited to protect tree roots.

Sec. 4-12.03. – Prohibited Activities.

It is unlawful for person not employed or designated by the City to do any of the following with Protected Trees or City Trees as defined in Chapter 14 of Title 4 of this Code:
(a) Affixing any signs, lights, wire, rope, or hardware to a protected tree; (b) Placing or maintain any stone, pavement or other substance so that it impedes access of water or air to the roots of any protected tree;
(c) Topping or any other practice that is considered unacceptable under the current ANSI A300 standards of a protected tree;
(d) Placing or storing construction equipment or construction material within the trunk protection zone of a protected tree;
(e) Applying any harmful or deleterious substance within the trunk protection zone of a protected tree.

Sec. 4-12.04. - Applications for Tree Removal Permits.
(a) Tree Removal Permit. Any person who desires to remove a protected tree or City Treetree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree or trees involved, a statement of the reason for the removal, and any other pertinent information as may be required by the City.

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Packet Pg. 408 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) (a) An arborist’s report including an ISA basic tree risk assessment form will be required for removal of a protected tree(s) needing a permit. No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the Director, staff, or any agent of the City may enter the property where the tree is located for fourteen (14) calendar days after the application is received by the City. (b) Within fourteen (14) calendar days after the receipt of the application, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and shall issue a proposed decision to approve or deny the tree removal permit and setting forth the conditions to be imposed. The Director shall give notice of the application and proposed decision pursuant to Section 4-12.07 herein.
(c) A tree removal permit shall be granted based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
(2) Whether the requested action is necessary for the economically viable use of the property;
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Packet Pg. 409 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) Maintenance and Preservation of City Trees City Tree Ordinance - Chapter 14 Formatted: Indent: Left: 0", Hanging: 0"
(3) The topography of the land and effect of the requested action on it; (4) The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, and general welfare of the area and the City as a whole; and
(5) The number of healthy trees the parcel is able to support. (b)(d) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(c)(e) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature Protected Tree minus the cost of the two replacement trees or payment of the full replacement value of a mature tree or trees in lieu thereof if on-site replacement is not feasible. No applicant shall be required to expend more on the replacement trees than the appraised value of the trees for which a permit is required. The Director shall determine the replacement value of the trees utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.
(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of one and a half (1.5”) inches measured with calipers and at least a 15 gallon tree, unless otherwise approved by the Director. (3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.
(d)(f) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (e)(g) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter. (1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) While the tree removal application process is underway,All decisions and deadlines regarding the building permit issuance and associated administrative approvals will be delayedsuspended until the final decision regarding the tree permit decision has been made.

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Packet Pg. 410 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 6 (4)(5) Tree removal based off a tree removal permit shall not occur until all required grading/and any appeals is finished.or building permits have been issued. 5 SF #4870-5377-2837 v1
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(6) Once a building permit has been submitted, the Planning Director may issue a grading permit if the Director determines it would advance public health and safety. (f)(h) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.
(g)(i) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

Sec. 4-12.05. - Applications for Tree Pruning Permits.
(a) Tree pruning permit. Any person who desires to perform Significant Pruning on any part of a Protected Tree or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree(s) involved, a statement of the reason for the pruning and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City Staff will assess the need for a permit related to dead/dying tree(s). No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the director staff, or any agent of the City may enter the property where the tree is located for (14) calendar days after the application is received by the City.
(b) Within fourteen (14) calendar days after the receipt of the application for a pruning permit, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and issue a proposed decision to approve or deny the tree pruning permit and setting forth the conditions to be imposed. The Director shall give notice in accordance with Section 4-12.07 herein.
(c) The Tree Pruning permit shall be granted by the Director based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
(2) Whether the requested action is necessary for the economically viable use of the property; and
(3) Pruning will be conducted in accordance with ANSI A-300 Standards. (d)(o) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.

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Packet Pg. 411 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 7 Maintenance and Preservation of City Trees
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(e)(p) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (f)(q) If an application for a building permit would require any significant pruning of any part of a protected tree or City Tree as defined in Chapter 14 of Title 4 of this code, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree pruning permit under this chapter.
(g)(r) The Director may require submission of additional information as necessary, including but not limited to photographs.
(h)(s) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(i)(t) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (j)(u) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Sec. 4-12.06. - Applications for Tree encroachment
permits.Encroachment Permits.
(a) Tree encroachment permit. Any person who desires to relocate or transport a Protected Tree, or apply fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a Protected Tree or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree(s) involved, a statement of the reason for the requested action and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City Staff will assess the need for a permit related to dead/dying tree(s).

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Packet Pg. 412 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 8 paving within fifty (50’) feet of a Protected Tree or City Tree shall be granted based on the following criteria:
(1) If the applicant cannot achieve its goals without performing regulated activities. (2) The proposed regulated activities comply with ANSI A300, to ensure the safety or health of the tree(s) during pruning or other regulated activities. (3) Any regulated activity described in subsection (5) of subsection (m) of Section 4-12.02 shall adhere to the provisions of Section 4-12.08 of this chapter. (d) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(e) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (f) If an application for a building permit would require persons to relocate or transport a protected tree, or apply fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a protected tree on private property, pruning of any part of a of a protected tree or City TTree, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree encroachment permit under this chapter and must comply with the following:
(1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) While the tree encroachment application process is underway, the building permit and associated administrative deadlines will be suspended until the tree permit decision and any appeals is finished.
(g) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Sec. 4-12.07. – Notices of actions on all Tree Removal, Pruning and Encroachment Permits Appeals.
(a) Upon receipt of a tree removal, pruning, or encroachment permit, the Director shall give public notice of the application and his or her proposed decision by:
(1) Posting a notice on the tree or on one of the trees so as to be visible from the street. If the notice is not visible when posted on the tree or trees, it may be posted in another visible location on the property;
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Packet Pg. 413 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 9 Maintenance and Preservation of City Trees
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(2) Delivering a notice by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice by first-class mail to adjacent and abutting property owners to the tree or trees involved. The City will post notice of application and the Director’s proposed decision for tree removal permits on the City website.
(b) Within ten (10) Calendar days, the proposed decision may be appealed to the Parks, Beaches, and Recreation Commission by filing a written notice of appeal with the Director. No person may perform regulated work for which a permit appeal is pending. (1) Proposed decisions involving dead/dying trees as determined by the Director may not be appealed.
(c) The Parks, Beaches, and Recreation Commission shall fix the time and place for the hearing of the appeal and shall cause a written notice of the hearing to be mailed to the appellant and the persons mentioned in subsection (a) of this section at least ten (10) Calendar days before the hearing. The Parks, Beaches, and Recreation Commission may approve, disapprove or modify the decision of the Director, including any conditions he or she may have imposed. (d) The decision of the Parks, Beaches, and Recreation Commission may be appealed to the CouncilbyCouncil by filing a notice of appeal with the City Clerk within ten (10) calendar days of the date of the decision of the Parks, Beaches, and Recreation Commission. Appeals shall be heard and determined according to the procedures set forth in Chapter 4 of Title 1 of this Code. The Council may approve, disapprove, or modify the decision of the Parks, Beaches, and Recreation Commission, including any condition it may have imposed.

Sec. 4-12.08. - Designation of Heritage Trees.
(a) All trees currently known to meet the following criteria within the City of Pacifica are hereby designated as Heritage Trees:
(1) IsAny trees that are of the species Quercus agrifolia (coast live oak), Quercus lobata (valley oak), Aesculus californica (California buckeye), Pinus radiata (Monterey pine), or Sequoia sempervirens (redwood), which have a trunk diameter of twelve (12”) inches or more; or
(2) IsAny trees that are of the species Heteromeles arbutifolia (toyon) which have a trunk diameter of four
(2) (4”) inches DBH or more.
(3) The Director may also designate Heritage Trees that meet any of the following criteria:
(i) Tree(s) of historic value;
(ii) Specimen tree(s) of any species;
(iii) Any tree of substantial size of its species;
(iv) is one of the largest and oldest trees in Pacifica; or (v) SignifiantSignificant habitat value; (b)as follows:. (b) (3) Upon designation of any Heritage Tree, the Director shall post on the City’s website and on any newly designated Heritage Tree a Notice of Designation and notify the property owner via regular mail. Within 10 calendar days of any such postings/notifications, any interested party may submit an appeal to the City Clerk regarding any such designation by the Director.

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Packet Pg. 414 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 10 a)(1) Any appeal received within the appeal period shall be scheduled for an administrative hearing before the City Manager. The City Manager will then schedule a hearing date wherein the appellant will be able to state their grounds for appeal. At the conclusion of the hearing the City Manager shall render a decision within 30 days and provide notice of his/her decision within 30 days.
b)(2) The decision of the City Manager will be final and no further administrative review will be available.

Sec. 4-12.09. - Emergency Tree Removals.
(a) In the event the condition of a tree requires immediate action for the safety of life, limb, health, safety, welfare or property, the tree may be removed immediately upon the order of the Director or the Director of the Department of Public Safety or his or her designee. (b) Notwithstanding any other fee or penalty described in this chapter, the costs of emergency tree removals are to be charged to the property owner and collected in accordance with any of the methods provided for in this Code. Should the costs not be paid, the City may enforce collection by either a lien or a special assesment againstaccording to the property where the tree removal was requried. procedures set forth in Article 3 of Chapter 25 of Title 5 of this Code, (1) Nuisance abatement lien. The City may collect the cost of the emergency tree removal and any related administrative costs through a nuisance abatement lien. Notice of the lien shall be served on the property owner of record either through personal or mail delivery.
(2) Special assessment. The City may collect the costs of the emergency tree removal and any related administrative costs through a special assessment against the parcel of land where the tree removal took place. Notice shall be given at the time of imposing the assessment and specify that the property may sold after three years for unpaid delinquent assessment.
(3) In the event any legal action is required to enforce these provisions, the prevailing party shall be entitled to recover their attorneys’ fees. (c) Public utilities subject to the jurisdiction of the Public Utilities Commission of the State may take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities.

The official or public body authorized to grant the development approval sought shall implement the purposes of this chapter by means of review and approval of the tree protection plan and shall condition the plan to insure compliance with and to further the purposes of this chapter, including requirements for replacement plantings and/or an in lieu fee. Public notice Formatted: Font: Calibri, 11 pt
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Packet Pg. 415 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 11 Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
SF #4870-5377-2837 v1
SF #4881-1381-7637 v3
Formatted: Header
of the proposal to remove trees shall be given in conjunction with and in the same manner as the notice requirements applicable to the permit or land use approval sought. (b) Plan preparation. The plan shall be prepared by a qualified arborist, horticulturist, landscape architect or other qualified person a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization. (c) Plan content. The plan shall include all the following information:
(1) Tree inventory for all trees that are six (6”) inches or greater within the proposed project site and within fifty (50’) feet of the project’s limits of disturbance, including trees that are on adjacent property and within the public rights-of-way. (1) The tree inventory shall be conducted by a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization. The tree inventory shall include species, diameter, condition and whether tree is proposed to be preserved or removed. (2) Site plan with the accurate location of tree trunks and Tree Protection Zones for all trees or groups of trees to be preserved within and adjacent to the project site; (3) A description of the plan for watering trees during the duration of construction activities; (4) Acknowledgement of tree protection standards herein; (5) The species and diameter of all trees involved;
(6) The applicant may be required to provide a plot plan, survey drawn to scale depicting the tree(s), or photographs. Standards For Approval of Plan; and (7) Other information pertinent to the project.
(d) A Plan will only be approved if it complies with the following standards:
(1) Tree root protection. Plan must include a statement certifying that the applicant is responsible to use his or her best efforts to preserve all trees which are to remain on the project site.
(2) With respect to protected trees, the following specific construction practices shall also be included in Plan:
(3) (i) The radius of the Trunk Protection Zone (TPZ) is calculated by using the following methods:
a.i. For all trees up to twenty-four (24") inches in diameter the radius of the TPZ is one and half (1.5) times the trunk diameter (DBH).
b.ii. For all tree greater than twenty-four (24") inches in diameter the radius of the TPZ is two (2) times the trunk diameter (DBH).
c.iii. Common TPZ radii and areas are shown and calculated in Table 1. (a) Table 1. Minimum Trunk Protection Zone Areas for trees less than 25 inches in diameter.

Trunk Diameter (inches)
Radius of TPZ
(ft)
Area of TPZ
(ft²)
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Packet Pg. 416 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 12 0 to 4 inches 6 113
5 7.5 177
6 9 254
7 10.5 346
8 12 452
9 13.5 573
10 15 707
11 16.5 855
12 18 1,018
13 19.5 1,195
14 21 1,385
15 22.5 1,590
16 24 1,810
17 25.5 2,043
Trunk Diameter (inches)
Radius of TPZ
(ft)
Area of TPZ
(ft²)
18 27 2,290
19 28.5 2,552
20 30 2,827
21 31.5 3,117
22 33 3,421

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Packet Pg. 417 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 13 Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
SF #4870-5377-2837 v1
SF #4881-1381-7637 v3
Formatted: Header
23 34.5 3,739
24 36 4,072
25 and over 50 7,854
(ii) The Plan shall not include any of the following prohibited activities within the TPZ:
a. Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous materials on or around trees and roots. b. The use of tree trunks as a winch support, anchorage, as temporary pole, signpost, or other similar function.
c. Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation without prior approval from the Director.
d. Soil disturbance or grade change.
e. Drainage changes.
(iii) The Director may require the following in the TPZ:
a. Wood chips or mulch spread within the TPZ of a depth of four (4”) inches to six (6”) inches, leaving the trunk clear, to help reduce moisture loss and compaction.
b. Root buffers for areas that cannot be fenced or as a temporary buffer and shall cover the TPZ and shall be maintained to a minimum depth as specified by the Director.
c. Irrigation and aeration.
d. Erosion control.
(iv) A warning sign shall be prominently displayed on each fence, indicating WARNING Trunk Protection Zone on a minimum of 8.5 x 11-inches and shall not be removed.
(iv) (v) The Tree Protection and Preservation Plan shall be displayed in a conspicuous place or in proximity to the tree or trees on the construction site. (iivi) The TPZ for each protected tree or group of trees to be preserved shall be protected by installing a five (5’) or six (6’) foot high chain link fencing mounted on two (2”) inch diameter galvanized iron posts, driven into the ground to a depth of at least two (2’) feet at no more than ten (10’) foot spacing to enclose the entire TPZ prior to demolition, grading, paving, movement of heavy equipment, or other construction activity begins.
(3) Landscape plans. Landscape plans, when required, must show the proposed landscaping within the TPZ of trees and the proposed replacement plantings on site.

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Packet Pg. 418 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 14 (4) Nonconformance. In case of nonconformance with the tree protection requirements set forth in specific construction practices in this section, the Director may issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director and shall be subject to a penalty, at a damage rate determined and periodically revised by the Director. Measurement of the damage shall be determined by the width of the wound measured at the widest point.

Penalty shall be paid to the City and deposited to the Tree Fund. (5) Tree damage or destruction. Should unauthorized work or nonconformance lead to the threat of tree damage or destruction, the Director shall issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director. (6) Mitigation Plan. A mitigation plan shall include measures for protection of any remaining trees on the project site and include replacements for each tree removed at a replacement ratio set forth by Section 4.12.04.
(7) Performance security. Performance security, whether by security bond, cash deposit, or other security acceptable to the City, shall be required prior to issuance of a tree encroachment permit in order to assure protection of trees on the site.

Funds collected through the forfeiture of performance security shall be deposited into the Tree Fund.
(e) Reporting. Any damage or injury to the roots, trunk, or branches of a Protected Tree(s) or City Tree(s) shall be reported to the Director within twelve (12) hours by contacting the Director in writing with a detailed description of the damage and location of the tree.Department of Public Works at [STAFF TO INSERT CONTACT OR METHOD OF NOTICE] Sec. 4-12.11. - Establishment of Tree Fund.
(a) The City shall establish a Tree Fund to further the purposes set forth in Section 4-12.01. (b) The following sources may be deposited into the Tree Fund:
(1) All moneys received pursuant to Chapters 12 and 14 of this Code. (2) Agreed-upon restoration payment or settlement in lieu of penalties; (3) Donations and grants for tree purposes;
(4) Other moneys allocated by the Council.
(c) The City shall administer and use the Tree Fund for the following purposes:

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Packet Pg. 419 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 15 Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
SF #4870-5377-2837 v1
SF #4881-1381-7637 v3
Formatted: Header
(1) Purchasing, planting, and maintaining trees within the City; (2) Acquiring, maintaining, and preserving trees within the City to remain in a naturalistic state in perpetuity;
(3) Performing and maintaining a City-wide tree inventory; (4) Educating residents and developers on the preservation, care, maintenance, benefits and value of trees within the City of Pacifica; and
(5) Supporting programs for the purpose of increasing the tree canopy within the City of Pacifica as approved by the Council
Sec. 4-12.12. - Permits: Fees.

The fees for any permits required by this chapter shall be those adopted by the Council in its Administrative Policy No. 2.

Sec. 4-12.13. - Violations: Penalties.
(a) Any personAny person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the county jail for a period not exceeding six (6) months, or both in accordance with Chapter 2, Title 1 of this Code.
(b) Violations of this chapter are a public nuisance.
(c) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, that removes, relocates or transports a Protected Tree without a Tree Removal Permit shall be required to either: 1) replace the removed Protected Tree to the satisfaction of the Director which replacement plantings will require a minimum of two (2) replacement trees for every otherwise healthy tree removed including the payment of the replacement value of the mature Protected Tree minus the cost of the two replacement trees; or 2) payment of the full replacement value of mature tree(s) in lieu thereof if on-site replacement is not feasible. Any replacement of Protected Trees shall be reviewed and approved by the Director in her/his sole discretion. (d) All remedies prescribed under this chapterChapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other, remedy, including, but not limited to those referenced in Chapter 2 of Title 1 of this Code, for the purpose of enforcing this chapter.

Maintenance and Preservation of
City Trees - Chapter 14
Sec. 4-14.01. - Scope and intent.

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Packet Pg. 420 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 16 It is the intent and policy of the City of Pacifica to protect and maintain the unique and characteristic arboreal landscape of the City by employing and using best management practices with respect to the selection and maintenance of City trees. To accomplish this, the City may, as specified in this chapter, prepare, adopt and use written guidelines and policies for healthy urban forest management, and may amend such policies from time to time as necessary.

Multi-stemmed trees shall be measured by averaging the stem’s diameters. (d) “Director” shall refer to the Director of the Department of Public Works, or his/her designee. (e) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives.
(e)(f) “Routine maintenance” shall mean irrigating, applying mulch, mowing or trimming grass or other ground cover close to a tree.
(f)(g) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.

Sec. 4-14.03. – Inspection, maintenance, and removal by City. (a) The preservation and maintenance of City trees shall be managed and conducted by the Department of Public Works. The Director of the Department of Public Works, or his/her designee
(a) (hereinafter, the "Director"), shall have the authority to adopt written policies and procedures for proper urban forest management consistent with the guidelines set forth in Section 4-14.01 of this chapter. Such written measures may be amended, appended, modified or revoked from time to time, in writing, by the Director or his/her designee, who shall, within ten (10) working days of signing and adopting such measures, make such measures available to the public by depositing a copy of same with the office of the City Clerk be charged with the enforcement of this chapter and the performance of municipal functions as herein established. (b) The Director shall have the authority to plant, inspect, spray, preserve, prune, and perform routine maintenance on City trees.
(c) The Director shall have the authority to remove a City tree pursuant to Sec. 4-14.07. (d) The Director shall have the authority to supervise all work done under a permit issued in accordance with the terms of this chapterChapter and Chapter 12. (e) The Director shall have the authority to impose conditions to the granting of a permit hereunder and to require that applications for permits contain such information as the Director shall find reasonably necessary to a fair determination of whether a permit should be issued.

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Packet Pg. 421 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 17 Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
SF #4870-5377-2837 v1
SF #4881-1381-7637 v3
Formatted: Header
(f) No person shall interfere or cause any other person to interfere with any tree related work performed pursuant to this code by any City employee or any City contractor. (g) Adjacent property owners are responsible for routine maintenance within the planting strip or planting easement. The Director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant materials on private property that would cause serious injury to City trees and other plant materials within the City. The Director shall notify the property owners in writing, describe the conditions, state the control necessary to correct the condition, and establish a reasonable time within which the corrective steps shall be taken.

1.(1) are located on City-owned property, or on property on which the City has an easement or other property interest;

2.(2) are not located in areas otherwise prescribed by law, contract, conditions of approval, or similar requirement or obligation to be the responsibility of adjacent property owners, leaseholders, or other public agencies or their respective tenants; and

3.(3) meet at least one of the criteria set forth below:
a.(i) Sidewalk: Four (4’) feet. When a sidewalk abuts private property, and there is no delineated planting strip as described in this chapter, the field measurement shall be four (4’) feet, starting from the edge of the sidewalk closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4’) foot measurement shall be deemed a City tree for maintenance purposes;
b.(ii) Planting strip or greenbelt: No measurement. Occasionally, trees are located in planting strips which run between the street and the sidewalk. When a planting strip or greenbelt area exists between a public street and a sidewalk abutting a private property or residence, no measurement shall be taken. Trees located in this planting strip are designated as City trees for maintenance purposes, and trees located between the strip and the abutting property or residence are not City trees;
c.(iii) No sidewalk (curb only): Four (4’) feet. When there is only a curb abutting private property, but no sidewalk, and no delineated planting strip, the field measurement shall be four (4’) feet, starting from the edge of the curb closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4’) foot measurement shall be deemed a City tree for maintenance purposes;
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Packet Pg. 422 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 18 d.(iv) No sidewalk or curb: Four (4’) feet from street. When there is no sidewalk, and no curb, and no delineated planting strip, the field measurement shall be four (4’) feet, starting from the edge of the asphalt of the City street (notwithstanding any additional subsequent asphalt, paving or hardscaping installed), measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4’) foot measurement shall be deemed a City tree for maintenance purposes.
(b) The designation of any tree as a City tree means only that the City will include such tree in its maintenance and evaluation schedule—it does not create any additional rights, responsibilities, liabilities or presumptions on the part of the City.

Sec. 4-14.0605. – Tree Planting Permit.
(a) A Tree Planting Permit shall be required for the planting of any tree, shrub or other plant material in a planting strip or planting easement unless performed by an agent or employee of the City.
(b) Any application for a Tree Planting Permit must contain the number of trees/shrubs/other plant material to be planted, the location, size, species, and spacing of each tree, and such other information as the Director may require.
(c) No tree shall be planted within five (5’) feet of a driveway, nor shall a tree be planted nearer to the intersection of any two or more streets than forty (40’) feet from the point of intersection of any two public rights-of-way lines.

Sec. 4-14.07. – City-06. – Removal of City Trees.
(a) The Director may remove any City tree when the condition of the tree constitutes an imminently dangerous condition to the public health, safety or welfare or is a threat to the health of other trees because of pests or disease, and ankhany such determination will be in the sole discretion of the Director.
(b) The Director may remove or cause the removal of any City trees or other plant materials planted in a planting strip or planting easement if such City trees or plant materials are deemed by the Director to be unhealthy, hazardous, undesirable, or causing excessive damage to existing public improvements or City trees.
(c) Tree Removal Permit. Any person who desires to remove a City Tree shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree or trees involved, a statement of the reason for the removal, and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City staff will assess the need for a permit related to dead/dying tree(s). An arborist’s report including an ISA basic tree risk assessment form will be required for removal of a City tree needing a permit. No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the Director, staff, or any agent of the City may enter the property Formatted: Font: Segoe UI
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Packet Pg. 423 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 19 Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
SF #4870-5377-2837 v1
SF #4881-1381-7637 v3
Formatted: Header
where the tree is located for fourteen (14) calendar days after the application is received by the City.
(d) Within fourteen (14) calendar days after the receipt of the application, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and shall issue a proposed decision to approve or deny the tree removal permit and setting forth the conditions to be imposed. The Director shall give notice of the application and proposed decision pursuant to Section 4-12.07 herein.
(e) A tree removal permit shall be granted based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services; (2) Whether the requested action is necessary for the economically viable use of the property; (3) The topography of the land and effect of the requested action on it; (4) The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, and general welfare of the area and the City as a whole; and
(5) The number of healthy trees the parcel is able to support. (f) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(g) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature Protected Tree minus the cost of the two replacement trees or payment of the full replacement value of a mature tree or trees in lieu thereof if on-site replacement is not feasible. No applicant shall be required to expend more on the replacement trees than the appraised value of the trees for which a permit is required. The Director shall determine the replacement value of the trees utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.
(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of one and a half (1.5”) inches measured with calipers and at least a 15 gallon tree, unless otherwise approved by the Director. (3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.

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Packet Pg. 424 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 20 (h) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions.
(i) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter.
(1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made. (5) Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued.
(6) Once a building permit has been submitted, the Director may issue a grading permit if the Director determines it would advance public health and safety. (j) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.
(k) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

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Packet Pg. 425 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 21 Maintenance and Preservation of City Trees
City Tree Ordinance - Chapter 14
SF #4870-5377-2837 v1
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Formatted: Header
(b) Within ten (10) Calendar days, the proposed decision may be appealed to the Parks, Beaches, and Recreation Commission by filing a written notice of appeal with the Director.

No person may perform regulated work for which a permit appeal is pending. (c) The Parks, Beaches, and Recreation Commission shall fix the time and place for the hearing of the appeal and shall cause a written notice of the hearing to be mailed to the appellant and the persons mentioned in subsection (a) of this section at least ten (10) Calendar days before the hearing. The Parks, Beaches, and Recreation Commission may approve, disapprove or modify the decision of the Director, including any conditions he or she may have imposed.
(d) The decision of the Parks, Beaches, and Recreation Commission may be appealed to the Council by filing a notice of appeal with the City Clerk within ten (10) calendar days of the date of the decision of the Parks, Beaches, and Recreation Commission. Appeals shall be heard and determined according to the procedures set forth in Chapter 4 of Title 1 of this Code. The Council may approve, disapprove, or modify the decision of the Parks, Beaches, and Recreation Commission, including any condition it may have imposed.

Section 4.14.08. – Violations: Penalty.
(a) Any personAny person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the county jail for a period not exceeding six (6) months, or both in accordance with Chapter 2, Title 1 of this Code.
(b) Any person violating any provision of this chapter may also be subject to administrative civil penalties of up to a maximum of $1,000 pursuant to Section 1-6.60 of this Code. (c) Violations of this chapter are a public nuisance.
(d) Any person not employed or empowered by the City that removes a City tree without a Tree Removal Permit shall be required to replace the City tree with at least two (2) trees or payment of the replacement value of the tree or trees in lieu thereof if on-site replacement is not feasible. (1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of 1.5”, unless otherwise approved by the Director.
(3) Replacement tree shall be planted to the satisfaction of the Director. (4) Replacement trees shall require subsequent replacement trees in the event that the original replacement trees fail to establish.
(f) All remedies prescribed under this chapterChapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other, remedy, including, but not limited to those referenced in Chapter 2 of Title 1 of this Code, for the purpose of enforcing this chapter.

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Packet Pg. 426 Attachment: Attachment 3 - Chapter 12 and Chapter 14 Redlines (5065 : Tree Ordinance Update) 1 ORDINANCE NO. ___________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING CHAPTER 12 “PRESERVATION OF HERITAGE TREES” AND CHAPTER 14 “MAINTENANCE AND PRESERVATION OF CITY TREES” WITHIN TITLE 4 OF THE PACIFICA MUNICIPAL CODE RELATING TO TREES WHEREAS, the City of Pacifica (City) has previously adopted and codified the The Preservation of Heritage Trees, in Chapter 12 of Title 4 of the Pacifica Municipal Code pursuant to Ordinance No. 542-C.S.;
WHEREAS, the City of Pacifica (City) has previously adopted and codified the The Preservation of Heritage Trees, in Chapter 14 of Title 4 of the Pacifica Municipal Code pursuant to Ordinance No. 733-C.S.;
WHEREAS, the City wishes to continue to encourage and ensure quality development, to protect and conserve the attractiveness, aesthetic and scenic beauty, and historic atmosphere of the City; and to protect the environment; WHEREAS, the maintenance and preservation of trees will contribute to a reduction of air pollution; provide shade and reduce the effects of urban heat islands; reduce stormwater runoff and improve infiltration into the ground, thereby protecting against potential damages from soil erosion, mudslides and flooding, as well as reducing the cost of handling storm water by artificial means, and other beneficial effects for the City.

NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:

Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.

Section 2. Environmental Analysis.

This Ordinance is exempt from review under the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment.

Section 3. Repeal and Replace. Chapter 12 (Preservation of Heritage Trees) and Chapter 14 (Maintenance and Preservation of City Trees) within Title 4 of the Pacifica Municipal Code is hereby repealed and replaced in its entirety to read as follows:

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Packet Pg. 427 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 2 “Tree Preservation - Chapter 12
Sec. 4-12.01 - Purpose.
(a) It is recognized that the preservation of protected trees on public and private property is important for the following reasons:
(1) To continue to encourage and ensure quality development; (2) To protect and conserve the attractiveness, aesthetic and scenic beauty, and historic atmosphere of the City;
(3) To protect the environment;
(4) To reduce air pollution;
(5) To decrease wind velocity and reduce potential wind damage; (6) To provide shade and reduce the effects of urban heat islands; (7) To act as a noise buffer;
(8) To reduce stormwater runoff and improve infiltration into the ground, thereby protecting against potential damages from soil erosion, mudslides and flooding, as well as reducing the cost of handling storm water by artificial means. (9) To sequester carbon dioxide in woody and foliar biomass; (10) To lower the demand for electricity and natural gas. (b) In order to promote the health, safety, and general welfare of the citizens of the City, while recognizing individual rights to develop, maintain, and enjoy private property, it is necessary to enact regulations preserving and protecting trees on private or City-owned property within the City. The provisions of this chapter apply to all areas within the jurisdiction of the City of Pacifica.

Sec. 4-12.02 - Definitions.

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Packet Pg. 428 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 3 (c) "City" shall mean the City of Pacifica, acting by and through its authorized representatives.
(d) "Director" shall mean the Director of the Department of Public Works of the City, or his or her designee.
(e) “Diameter” or “DBH” shall be the diameter of a tree measured at a standard height of four and half (4.5’) feet or fifty-four (54”) inches above grade (referred to as diameter at breast height). Multi-stemmed trees shall be measured by averaging the diameters of the stems.
(f) “Deleterious substances” shall mean any materials that are detrimental to tree health including, but not limited to paint, petroleum products, concrete, and other harmful substances.
(g) “Dripline” shall refer to an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.
(h) “Dying tree” shall refer to a tree that cannot be reasonably mitigated to extend its useful lifespan.
(i) “Grove” shall mean a natural grouping or cluster of ten (10) or more trees of any species with a minimum diameter of six (6”) inches in diameter. The grove may exist on an individual parcel or contiguous parcels.
(j) "Heritage tree" shall mean any tree that meets the criteria set forth in Section 4-12.08:
(k) "Owner" shall mean the owner of the real property on which the tree is situated as shown on the most recent County Assessor's tax roll. (l) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives. (m) "Private property" shall mean and include all property not owned by the City or another public agency.
(n) “Protected tree” shall mean and include:
(1) All trees on public and private property within the City of Pacifica, which have a trunk with a diameter of twelve (12″) inches or greater. (2) Any Heritage Tree designated by the Director.
(3) Any groves of trees.
(4) Eucalyptus and any species determined invasive by the California Invasive Plants Council are not protected by this chapter, except as the director may deem otherwise.

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Packet Pg. 429 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 4 (o) “Public property” shall mean property owned by the City of Pacifica, but not limited to, parks, playgrounds, rights-of-way, streets, facilities, and other property regularly used by the general public.
(p) “Qualified arborist” shall mean a person who is certified as an arborist by the International Society of Arboriculture (ISA) with an active ISA certification number or a person who is a registered consulting arborist with the American Society of Consulting Arborists.
(q) “Regulated work” shall mean tree pruning or any act or actions that could cause irreparable damage, adversely impact health; including but not limited to excessive pruning, cutting, girdling, poisoning, overwatering, relocating, trenching, excavating, altering the grade, or paving within the dripline of a tree, or result in the death of, a protected tree requiring a permit and as listed in Section 12-4.05. Regulated work does not include routine maintenance.
(r) “Remove” shall mean and include complete removal of a tree, including its root ball, or cutting down to the ground.
(s) “Routine maintenance” shall mean irrigating, applying mulch, mowing, or trimming grass or other ground cover close to a tree.
(t) “Significant Pruning” shall mean pruning of more than 15% of the functioning leaf and stem area of a Protected tree or any pruning roots that are tow (2”) inches in diameter or greater
(u) “Specimen or significant tree” shall refer to an individual tree determined by the Director that due to species, age, historical significance, aesthetic and/or ecology provides unique or intrinsic value to the community.
(v) “Stop Work Order” shall refer to the suspension and prohibition of further activity on the property needing a City permit or having City-issued permits until a mitigation plan has been filed with and approved by the Director, agree to in writing by the property owner(s), and either implemented or guaranteed by the posting of a performance security.
(w) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.
(x) “Trenching” shall mean any excavation to provide irrigation, install foundations, utility lines, services, pipe, drainage or other property improvements below grade.
(y) “Tree protection and preservation plan” shall mean the plan prepared by a qualified arborist, submitted by the applicant, and approved by the Director that details existing tree conditions and the measures that will be used to protect trees during development, construction, and landscaping activities.

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Packet Pg. 430 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 5 (z) “Trunk protection zone” or “TPZ” shall mean the area of ground extending out from the trunk of a tree in all directions where activity is prohibited to protect tree roots.

Sec. 4-12-.03 - Prohibited Activities.

It is unlawful for person not employed or designated by the City to do any of the following with Protected Trees or City Trees as defined in Chapter 14 of Title 4 of this Code:
(a) Affixing any signs, lights, wire, rope, or hardware to a protected tree; (b) Placing or maintain any stone, pavement or other substance so that it impedes access of water or air to the roots of any protected tree; (c) Topping or any other practice that is considered unacceptable under the current ANSI A300 standards of a protected tree;
(d) Placing or storing construction equipment or construction material within the trunk protection zone of a protected tree;
(e) Applying any harmful or deleterious substance within the trunk protection zone of a protected tree.

Sec. 4-12.04 - Applications for Tree Removal Permits.
(a) Tree Removal Permit. Any person who desires to remove a protected tree or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree or trees involved, a statement of the reason for the removal, and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City staff will assess the need for a permit related to dead/dying tree(s). An arborist’s report including an ISA basic tree risk assessment form will be required for removal of a protected tree(s) needing a permit. No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the Director, staff, or any agent of the City may enter the property where the tree is located for fourteen (14) calendar days after the application is received by the City.
(b) Within fourteen (14) calendar days after the receipt of the application, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and shall issue a proposed decision to approve or deny the tree removal permit and setting forth the conditions to be imposed. The Director shall give notice of the application and proposed decision pursuant to Section 4-12.07 herein. (c) A tree removal permit shall be granted based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;

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Packet Pg. 431 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 6 (2) Whether the requested action is necessary for the economically viable use of the property;
(3) The topography of the land and effect of the requested action on it; (4) The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, and general welfare of the area and the City as a whole; and (5) The number of healthy trees the parcel is able to support. (d) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(e) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature Protected Tree minus the cost of the two replacement trees or payment of the full replacement value of a mature tree or trees in lieu thereof if on-site replacement is not feasible. No applicant shall be required to expend more on the replacement trees than the appraised value of the trees for which a permit is required. The Director shall determine the replacement value of the trees utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers. (1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of one and a half (1.5”) inches measured with calipers and at least a 15 gallon tree, unless otherwise approved by the Director.
(3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.
(f) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (g) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter.

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Packet Pg. 432 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 7 (1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made. (5) Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued. (6) Once a building permit has been submitted, the Planning Director may issue a grading permit if the Director determines it would advance public health and safety.
(h) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.
(i) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

Sec. 4-12.05 - Applications for Tree Pruning Permits.
(a) Tree pruning permit. Any person who desires to perform Significant Pruning on any part of a Protected Tree or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree(s) involved, a statement of the reason for the pruning and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City Staff will assess the need for a permit related to dead/dying tree(s). No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the director staff, or any agent of the City may enter the property where the tree is located for (14) calendar days after the application is received by the City.
(b) Within fourteen (14) calendar days after the receipt of the application for a pruning permit, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and issue a proposed decision to approve or deny the

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Packet Pg. 433 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 8 tree pruning permit and setting forth the conditions to be imposed. The Director shall give notice in accordance with Section 4-12.07 herein.
(c) The Tree Pruning permit shall be granted by the Director based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
(2) Whether the requested action is necessary for the economically viable use of the property; and
(3) Pruning will be conducted in accordance with ANSI A-300 Standards. (d) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(e) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (f) If an application for a building permit would require any significant pruning of any part of a protected tree or City Tree as defined in Chapter 14 of Title 4 of this code, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree pruning permit under this chapter. (g) The Director may require submission of additional information as necessary, including but not limited to photographs.
(h) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(i) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (j) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Sec. 4-12.06 - Applications for Tree Encroachment Permits. (a) Tree encroachment permit. Any person who desires to relocate or transport a Protected Tree, or apply fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a Protected Tree

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Packet Pg. 434 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 9 or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree(s) involved, a statement of the reason for the requested action and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City Staff will assess the need for a permit related to dead/dying tree(s). No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the director staff, or any agent of the City may enter the property where the tree is located for (14) calendar days after the application is received by the City. (b) Within fourteen (14) calendar days after the receipt of the application for the tree encroachment permit, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and issue a proposed decision to approve or deny the tree pruning permit and setting forth the conditions to be imposed. The Director shall give notice in accordance with Section 4-12.07 herein. (c) A Tree Encroachment permit for relocating or transporting a protected tree, applying fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a Protected Tree or City Tree shall be granted based on the following criteria:
(1) If the applicant cannot achieve its goals without performing regulated activities.
(2) The proposed regulated activities comply with ANSI A300, to ensure the safety or health of the tree(s) during pruning or other regulated activities. (3) Any regulated activity described in subsection (5) of subsection (m) of Section 4-12.02 shall adhere to the provisions of Section 4-12.08 of this chapter. (d) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(e) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (f) If an application for a building permit would require persons to relocate or transport a protected tree, or apply fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a protected tree on private property, pruning of any part of a of a protected tree or City Tree, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree encroachment permit under this chapter and must comply with the following:

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Packet Pg. 435 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 10 (1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) While the tree encroachment application process is underway, the building permit and associated administrative deadlines will be suspended until the tree permit decision and any appeals is finished.
(g) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Sec. 4-12.07 - Notices of actions on all Tree Removal, Pruning and Encroachment Permits Appeals.
(a) Upon receipt of a tree removal, pruning, or encroachment permit, the Director shall give public notice of the application and his or her proposed decision by:
(1) Posting a notice on the tree or on one of the trees so as to be visible from the street. If the notice is not visible when posted on the tree or trees, it may be posted in another visible location on the property;
(2) Delivering a notice by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice by first-class mail to adjacent and abutting property owners to the tree or trees involved. The City will post notice of application and the Director’s proposed decision for tree removal permits on the City website. (b) Within ten (10) Calendar days, the proposed decision may be appealed to the Parks, Beaches, and Recreation Commission by filing a written notice of appeal with the Director. No person may perform regulated work for which a permit appeal is pending. (1) Proposed decisions involving dead/dying trees as determined by the Director may not be appealed.
(c) The Parks, Beaches, and Recreation Commission shall fix the time and place for the hearing of the appeal and shall cause a written notice of the hearing to be mailed to the appellant and the persons mentioned in subsection (a) of this section at least ten (10) Calendar days before the hearing. The Parks, Beaches, and Recreation Commission may approve, disapprove or modify the decision of the Director, including any conditions he or she may have imposed.

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Packet Pg. 436 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 11 (d) The decision of the Parks, Beaches, and Recreation Commission may be appealed to the Council by filing a notice of appeal with the City Clerk within ten (10) calendar days of the date of the decision of the Parks, Beaches, and Recreation Commission. Appeals shall be heard and determined according to the procedures set forth in Chapter 4 of Title 1 of this Code. The Council may approve, disapprove, or modify the decision of the Parks, Beaches, and Recreation Commission, including any condition it may have imposed.

Sec. 4-12-.08 - Designation of Heritage Trees.
(a) All trees currently known to meet the following criteria within the City of Pacifica are hereby designated as Heritage Trees:
(1) Any trees that are of the species Quercus agrifolia (coast live oak), Quercus lobata (valley oak), Aesculus californica (California buckeye), Pinus radiata (Monterey pine), or Sequoia sempervirens (redwood), which have a trunk diameter of twelve (12”) inches or more; or
(2) Any trees that are of the species Heteromeles arbutifolia (toyon) which have a trunk diameter of four (4”) inches DBH or more. (3) The Director may also designate Heritage Trees that meet any of the following criteria:
i. Tree(s) of historic value;
ii. Specimen tree(s) of any species;
iii. Any tree of substantial size of its species;
iv. is one of the largest and oldest trees in Pacifica; or v. Significant habitat value.
(b) Upon designation of any Heritage Tree, the Director shall post on the City’s website and on any newly designated Heritage Tree a Notice of Designation and notify the property owner via regular mail. Within 10 calendar days of any such postings/notifications, any interested party may submit an appeal to the City Clerk regarding any such designation by the Director.
(1) Any appeal received within the appeal period shall be scheduled for an administrative hearing before the City Manager. The City Manager will then schedule a hearing date wherein the appellant will be able to state their grounds for appeal. At the conclusion of the hearing the City Manager shall render a decision within 30 days and provide notice of his/her decision within 30 days.
(2) The decision of the City Manager will be final and no further administrative review will be available.

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Packet Pg. 437 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 12 Sec. 4-12-.09 - Emergency Tree Removals.
(a) In the event the condition of a tree requires immediate action for the safety of life, limb, health, safety, welfare or property, the tree may be removed immediately upon the order of the Director or the Director of the Department of Public Safety or his or her designee.
(b) Notwithstanding any other fee or penalty described in this chapter, the costs of emergency tree removals are to be charged to the property owner and collected in accordance with any of the methods provided for in this Code. Should the costs not be paid, the City may enforce collection according to the procedures set forth in Article 3 of Chapter 25 of Title 5 of this Code,
(c) Public utilities subject to the jurisdiction of the Public Utilities Commission of the State may take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities.

Sec. 4-12.10 - Tree Protection and Preservation Plans.
(a) A Tree protection and preservation plan must be submitted in conjunction with any development proposal which requires a discretionary permit or other land use approval as set forth in Title 9 of this Code, or a proposal to engage in regulated work within fifty (50’) feet of a protected tree., The Tree Preservation and Protection Plan shall insure the preservation of protected trees during construction so as to maximize chances for their survival. Such projects are exempt from obtaining a tree removal permit from the Director pursuant to Section 412.06. The official or public body authorized to grant the development approval sought shall implement the purposes of this chapter by means of review and approval of the tree protection plan and shall condition the plan to insure compliance with and to further the purposes of this chapter, including requirements for replacement plantings and/or an in lieu fee. Public notice of the proposal to remove trees shall be given in conjunction with and in the same manner as the notice requirements applicable to the permit or land use approval sought.
(b) Plan preparation. The plan shall be prepared by a qualified arborist, horticulturist, landscape architect or other qualified person a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization.
(c) Plan content. The plan shall include all the following information:
(1) Tree inventory for all trees that are six (6”) inches or greater within the proposed project site and within fifty (50’) feet of the project’s limits of disturbance, including trees that are on adjacent property and within the public rights-of-way. The tree inventory shall be conducted by a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization. The

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Packet Pg. 438 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 13 tree inventory shall include species, diameter, condition and whether tree is proposed to be preserved or removed.
(2) Site plan with the accurate location of tree trunks and Tree Protection Zones for all trees or groups of trees to be preserved within and adjacent to the project site;
(3) A description of the plan for watering trees during the duration of construction activities; (4) Acknowledgement of tree protection standards herein; (4) The species and diameter of all trees involved;
(5) The applicant may be required to provide a plot plan, survey drawn to scale depicting the tree(s), or photographs. Standards For Approval of Plan; and (6) Other information pertinent to the project.
(d) A Plan will only be approved if it complies with the following standards:
(1) Tree root protection. Plan must include a statement certifying that the applicant is responsible to use his or her best efforts to preserve all trees which are to remain on the project site.
(2) With respect to protected trees, the following specific construction practices shall also be included in Plan:
(3) The radius of the Trunk Protection Zone (TPZ) is calculated by using the following methods:
i. For all trees up to twenty-four (24") inches in diameter the radius of the TPZ is one and half (1.5) times the trunk diameter (DBH). ii. For all tree greater than twenty-four (24") inches in diameter the radius of the TPZ is two (2) times the trunk diameter (DBH). iii. Common TPZ radii and areas are shown and calculated in Table 1.
(e) Table 1. Minimum Trunk Protection Zone Areas for trees less than 25 inches in diameter.

Trunk Diameter (inches)
Radius of TPZ
(ft)
Area of TPZ
(ft²)
0 to 4 inches 6 113
5 7.5 177

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Packet Pg. 439 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 14 6 9 254
7 10.5 346
8 12 452
9 13.5 573
10 15 707
11 16.5 855
12 18 1,018
13 19.5 1,195
14 21 1,385
15 22.5 1,590
16 24 1,810
17 25.5 2,043
Trunk Diameter (inches)
Radius of TPZ
(ft)
Area of TPZ
(ft²)
18 27 2,290
19 28.5 2,552
20 30 2,827
21 31.5 3,117
22 33 3,421
23 34.5 3,739
24 36 4,072

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Packet Pg. 440 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 15 25 and over 50 7,854
i. The Plan shall not include any of the following prohibited activities within the TPZ:
a. Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous materials on or around trees and roots. b. The use of tree trunks as a winch support, anchorage, as temporary pole, signpost, or other similar function. c. Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation without prior approval from the Director.
d. Soil disturbance or grade change.
e. Drainage changes.
ii. The Director may require the following in the TPZ:
a. Wood chips or mulch spread within the TPZ of a depth of four (4”) inches to six (6”) inches, leaving the trunk clear, to help reduce moisture loss and compaction.
b. Root buffers for areas that cannot be fenced or as a temporary buffer and shall cover the TPZ and shall be maintained to a minimum depth as specified by the Director.
c. Irrigation and aeration.
d. Erosion control.
iii. A warning sign shall be prominently displayed on each fence, indicating WARNING Trunk Protection Zone on a minimum of 8.5 x 11-inches and shall not be removed.
iv. The Tree Protection and Preservation Plan shall be displayed in a conspicuous place or in proximity to the tree or trees on the construction site. v. The TPZ for each protected tree or group of trees to be preserved shall be protected by installing a five (5’) or six (6’) foot high chain link fencing mounted on two (2”) inch diameter galvanized iron posts, driven into the ground to a depth of at least two (2’) feet at no more than ten (10’) foot spacing to enclose the entire TPZ prior to demolition, grading, paving, movement of heavy equipment, or other construction activity begins.

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Packet Pg. 441 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 16 (2) Landscape plans. Landscape plans, when required, must show the proposed landscaping within the TPZ of trees and the proposed replacement plantings on site.
(3) Nonconformance. In case of nonconformance with the tree protection requirements set forth in specific construction practices in this section, the Director may issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director and shall be subject to a penalty, at a damage rate determined and periodically revised by the Director. Measurement of the damage shall be determined by the width of the wound measured at the widest point. Penalty shall be paid to the City and deposited to the Tree Fund.
(4) Tree damage or destruction. Should unauthorized work or nonconformance lead to the threat of tree damage or destruction, the Director shall issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director. (5) Mitigation Plan. A mitigation plan shall include measures for protection of any remaining trees on the project site and include replacements for each tree removed at a replacement ratio set forth by Section 4.12.04. (6) Performance security. Performance security, whether by security bond, cash deposit, or other security acceptable to the City, shall be required prior to issuance of a tree encroachment permit in order to assure protection of trees on the site.

The amount of any said performance security shall be set at 50% of the value of the affected tree or trees, whichever is greater. Tree value shall be determined by using the Guide for Plant Appraisal (10th Edition or newer). The performance security shall be forfeited if, prior to final building permit inspection, the Director finds that the tree has suffered permanent damage. If no permanent damage has occurred, the performance security shall be returned two (2) years after the final building permit inspection has been completed. The applicant must submit a request for the two (2) year inspection and release of the security, in writing to the Director. If the tree(s) fail to survive, the applicant shall replace them. If the applicant fails to replace the tree(s), the performance security shall be forfeited. Funds collected through the forfeiture of performance security shall be deposited into the Tree Fund.
(f) Reporting. Any damage or injury to the roots, trunk, or branches of a Protected Tree(s) or City Tree(s) shall be reported to the Director within twelve (12) hours by contacting the Director in writing with a detailed description of the damage and location of the tree.

Sec. 4-12-.11 - Establishment of Tree Fund.
(a) The City shall establish a Tree Fund to further the purposes set forth in Section 4-12.01.
(b) The following sources may be deposited into the Tree Fund:
(1) All moneys received pursuant to Chapters 12 and 14 of this Code.

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Packet Pg. 442 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 17 (2) Agreed-upon restoration payment or settlement in lieu of penalties; (3) Donations and grants for tree purposes;
(4) Other moneys allocated by the Council.
(c) The City shall administer and use the Tree Fund for the following purposes:
(1) Purchasing, planting, and maintaining trees within the City; (2) Acquiring, maintaining, and preserving trees within the City to remain in a naturalistic state in perpetuity;
(3) Performing and maintaining a City-wide tree inventory; (4) Educating residents and developers on the preservation, care, maintenance, benefits and value of trees within the City of Pacifica; and (5) Supporting programs for the purpose of increasing the tree canopy within the City of Pacifica as approved by the Council
Sec. 4-12-.12 - Permits: Fees.

The fees for any permits required by this chapter shall be those adopted by the Council in its Administrative Policy No. 2.

Sec. 4-12.13 - Violations: Penalties.
(a) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the county jail for a period not exceeding six (6) months, or both in accordance with Chapter 2, Title 1 of this Code.
(b) Violations of this chapter are a public nuisance.
(c) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, that removes, relocates or transports a Protected Tree without a Tree Removal Permit shall be required to either: 1) replace the removed Protected Tree to the satisfaction of the Director which replacement plantings will require a minimum of two (2) replacement trees for every otherwise healthy tree removed including the payment of the replacement value of the mature Protected Tree minus the cost of the two replacement trees; or 2) payment of the full replacement value of mature tree(s) in lieu thereof if on-site replacement is not feasible.

Any replacement of Protected Trees shall be reviewed and approved by the Director in her/his sole discretion.

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Packet Pg. 443 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 18 (d) All remedies prescribed under this Chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other remedy, including, but not limited to those referenced in Chapter 2 of Title 1 of this Code, for the purpose of enforcing this chapter.”
Section 4. Repeal and Replace. Chapter 14 (Maintenance and Preservation of City Trees) within Title 4 of the Pacifica Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Maintenance and Preservation of City Trees - Chapter 14 Sec. 4-14.01. - Scope and intent.

Sec. 4-14.02. - Definitions.
(a) “ANSI A300 Standards” shall refer to the American National Standards Institute (ANSI) for Tree Care Operations—Tree, Shrub and Other Wood Plant Maintenance-Standard Practices.
(b) “Deleterious substances” shall mean any materials that are detrimental to tree health including, but not limited to paint, petroleum products, concrete, and other harmful substances.
(c) “Diameter” or “DBH” shall be the diameter of a tree measured at a standard height of four and half (4.5’) feet or fifty-four (54”) inches above grade (referred to as diameter at breast height). Multi-stemmed trees shall be measured by averaging the stem’s diameters.
(d) “Director” shall refer to the Director of the Department of Public Works, or his/her designee.
(e) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives. (f) “Routine maintenance” shall mean irrigating, applying mulch, mowing or trimming grass or other ground cover close to a tree.
(g) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.

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Packet Pg. 444 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 19 Sec. 4-14.03. – Inspection, maintenance, and removal by City. (a) The preservation and maintenance of City trees shall be managed and conducted by the Department of Public Works. The Director of the Department of Public Works, or his/her designee (hereinafter, the "Director"), shall have the authority to adopt written policies and procedures for proper urban forest management consistent with the guidelines set forth in Section 4-14.01 of this chapter. Such written measures may be amended, appended, modified or revoked from time to time, in writing, by the Director or his/her designee, who shall, within ten (10) working days of signing and adopting such measures, make such measures available to the public by depositing a copy of same with the office of the City Clerk be charged with the enforcement of this chapter and the performance of municipal functions as herein established. (b) The Director shall have the authority to plant, inspect, spray, preserve, prune, and perform routine maintenance on City trees.
(c) The Director shall have the authority to remove a City tree pursuant to Sec. 4-14.07.
(d) The Director shall have the authority to supervise all work done under a permit issued in accordance with the terms of this Chapter and Chapter 12. (e) The Director shall have the authority to impose conditions to the granting of a permit hereunder and to require that applications for permits contain such information as the Director shall find reasonably necessary to a fair determination of whether a permit should be issued.
(f) No person shall interfere or cause any other person to interfere with any tree related work performed pursuant to this code by any City employee or any City contractor. (g) Adjacent property owners are responsible for routine maintenance within the planting strip or planting easement. The Director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant materials on private property that would cause serious injury to City trees and other plant materials within the City. The Director shall notify the property owners in writing, describe the conditions, state the control necessary to correct the condition, and establish a reasonable time within which the corrective steps shall be taken.

Sec. 4-14.04. – Definition of City Trees.
(a) Notwithstanding any other provision of the Code, and for purposes of this chapter only, "City trees" are those trees which meet one or more of the following criteria:
(1) are located on City-owned property, or on property on which the City has an easement or other property interest;

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Packet Pg. 445 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 20 (2) are not located in areas otherwise prescribed by law, contract, conditions of approval, or similar requirement or obligation to be the responsibility of adjacent property owners, leaseholders, or other public agencies or their respective tenants; and
(3) meet at least one of the criteria set forth below:
i. Sidewalk: Four (4’) feet. When a sidewalk abuts private property, and there is no delineated planting strip as described in this chapter, the field measurement shall be four (4’) feet, starting from the edge of the sidewalk closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4’) foot measurement shall be deemed a City tree for maintenance purposes;
ii. Planting strip or greenbelt: No measurement. Occasionally, trees are located in planting strips which run between the street and the sidewalk. When a planting strip or greenbelt area exists between a public street and a sidewalk abutting a private property or residence, no measurement shall be taken. Trees located in this planting strip are designated as City trees for maintenance purposes, and trees located between the strip and the abutting property or residence are not City trees; iii. No sidewalk (curb only): Four (4’) feet. When there is only a curb abutting private property, but no sidewalk, and no delineated planting strip, the field measurement shall be four (4’) feet, starting from the edge of the curb closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4’) foot measurement shall be deemed a City tree for maintenance purposes;
iv. No sidewalk or curb: Four (4’) feet from street. When there is no sidewalk, and no curb, and no delineated planting strip, the field measurement shall be four (4’) feet, starting from the edge of the asphalt of the City street (notwithstanding any additional subsequent asphalt, paving or hardscaping installed), measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4’) foot measurement shall be deemed a City tree for maintenance purposes.
(b) The designation of any tree as a City tree means only that the City will include such tree in its maintenance and evaluation schedule—it does not create any additional rights, responsibilities, liabilities or presumptions on the part of the City.

Sec. 4-14.05. – Tree Planting Permit.
(a) A Tree Planting Permit shall be required for the planting of any tree, shrub or other plant material in a planting strip or planting easement unless performed by an agent or employee of the City.

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Packet Pg. 446 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 21 (b) Any application for a Tree Planting Permit must contain the number of trees/shrubs/other plant material to be planted, the location, size, species, and spacing of each tree, and such other information as the Director may require. (c) No tree shall be planted within five (5’) feet of a driveway, nor shall a tree be planted nearer to the intersection of any two or more streets than forty (40’) feet from the point of intersection of any two public rights-of-way lines.

Sec. 4-14-06. – Removal of City Trees.
(a) The Director may remove any City tree when the condition of the tree constitutes an imminently dangerous condition to the public health, safety or welfare or is a threat to the health of other trees because of pests or disease, and any such determination will be in the sole discretion of the Director. (b) The Director may remove or cause the removal of any City trees or other plant materials planted in a planting strip or planting easement if such City trees or plant materials are deemed by the Director to be unhealthy, hazardous, undesirable, or causing excessive damage to existing public improvements or City trees. (c) Tree Removal Permit. Any person who desires to remove a City Tree shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree or trees involved, a statement of the reason for the removal, and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City staff will assess the need for a permit related to dead/dying tree(s). An arborist’s report including an ISA basic tree risk assessment form will be required for removal of a City tree needing a permit. No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the Director, staff, or any agent of the City may enter the property where the tree is located for fourteen (14) calendar days after the application is received by the City. (d) Within fourteen (14) calendar days after the receipt of the application, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and shall issue a proposed decision to approve or deny the tree removal permit and setting forth the conditions to be imposed. The Director shall give notice of the application and proposed decision pursuant to Section 4-12.07 herein. (e) A tree removal permit shall be granted based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
(2) Whether the requested action is necessary for the economically viable use of the property;

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Packet Pg. 447 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 22 (3) The topography of the land and effect of the requested action on it; (4) The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, and general welfare of the area and the City as a whole; and (5) The number of healthy trees the parcel is able to support. (f) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director.
(g) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature Protected Tree minus the cost of the two replacement trees or payment of the full replacement value of a mature tree or trees in lieu thereof if on-site replacement is not feasible. No applicant shall be required to expend more on the replacement trees than the appraised value of the trees for which a permit is required. The Director shall determine the replacement value of the trees utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers. (1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of one and a half (1.5”) inches measured with calipers and at least a 15 gallon tree, unless otherwise approved by the Director.
(3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.
(h) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. (i) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter. (1) The Director may require submission of additional information as necessary, including but not limited to photographs.

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Packet Pg. 448 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 23 (2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made. (5) Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued. (6) Once a building permit has been submitted, the Director may issue a grading permit if the Director determines it would advance public health and safety. (j) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.
(k) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

Sec. 4-14.07. – Notices of actions on all Tree Removal, Pruning and Encroachment Permits Appeals.
(a) Upon receipt of a tree removal permit for a City Tree, the Director shall give public notice of the application and his or her proposed decision by:
(1) Posting a notice on the tree or on one of the trees so as to be visible from the street. If the notice is not visible when posted on the tree or trees, it may be posted in another visible location on the property;
(2) Delivering a notice by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice by first-class mail to adjacent and abutting property owners to the tree or trees involved. The City will post notice of application and the Director’s proposed decision for tree removal permits on the City website. (b) Within ten (10) Calendar days, the proposed decision may be appealed to the Parks, Beaches, and Recreation Commission by filing a written notice of appeal with the Director. No person may perform regulated work for which a permit appeal is pending. (c) The Parks, Beaches, and Recreation Commission shall fix the time and place for the hearing of the appeal and shall cause a written notice of the hearing to be mailed to the appellant and the persons mentioned in subsection (a) of this section at least

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Packet Pg. 449 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 24 ten (10) Calendar days before the hearing. The Parks, Beaches, and Recreation Commission may approve, disapprove or modify the decision of the Director, including any conditions he or she may have imposed.
(d) The decision of the Parks, Beaches, and Recreation Commission may be appealed to the Council by filing a notice of appeal with the City Clerk within ten (10) calendar days of the date of the decision of the Parks, Beaches, and Recreation Commission. Appeals shall be heard and determined according to the procedures set forth in Chapter 4 of Title 1 of this Code. The Council may approve, disapprove, or modify the decision of the Parks, Beaches, and Recreation Commission, including any condition it may have imposed.

Sec. 4.14.08. – Violations: Penalty.
(a) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the county jail for a period not exceeding six (6) months, or both in accordance with Chapter 2, Title 1 of this Code.
(b) Any person violating any provision of this chapter may also be subject to administrative civil penalties of up to a maximum of $1,000 pursuant to Section 1-6.60 of this Code.
(c) Violations of this chapter are a public nuisance.
(d) Any person not employed or empowered by the City that removes a City tree without a Tree Removal Permit shall be required to replace the City tree with at least two (2) trees or payment of the replacement value of the tree or trees in lieu thereof if on-site replacement is not feasible.
(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of 1.5”, unless otherwise approved by the Director.
(3) Replacement tree shall be planted to the satisfaction of the Director. (4) Replacement trees shall require subsequent replacement trees in the event that the original replacement trees fail to establish.

All remedies prescribed under this Chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other remedy, including, but not limited to those referenced in Chapter 2 of Title 1 of this Code, for the purpose of enforcing this chapter.”Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the

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Packet Pg. 450 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update) 25 validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 6. Publication. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published in accordance with State law.

Section 7. Effective Date. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

PASSED AND ADOPTED this ______ day of ___________________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon,
City Attorney

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Packet Pg. 451 Attachment: Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (5065 : Tree Ordinance Update)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:

Direction to Pacifica Voting Delegate Regarding Cal Cities 2022 Annual Conference Resolution - Proposed Bylaws Amendments
RECOMMENDED ACTION:

Provide direction to Pacifica's voting delegate to support one resolution regarding proposed bylaws amendments to be considered by Cal Cities at the 2022 Cal Cities Annual Conference to be held in Long Beach, September 7 - 9, 2022.

STAFF CONTACT:

Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
BACKGROUND/DISCUSSION:

Pacifica is a member of Cal Cities (formerly the League of California Cities), an association based in Sacramento that represents the interests of California's cities to the state legislature and provides cities with information on federal and state legislative and administrative affairs.

The Cal Cities 2022 Annual Conference is being held in Long Beach, September 7-9, 2022. The business meeting will be held at 11:30 a.m. on Friday, September 9, 2022. At this meeting Cal Cities membership will consider and take action on one resolution that will be considered to take action on proposed Cal Cities bylaws amendments. Cal Cities has provided the 2022 Proposed Bylaws Amendments Packet (Attachment A) for consideration. There were no additional resolutions submitted for consideration at the League of California Cities 2022 Annual Conference General Assembly to be voted upon.

At its meeting on August 8, 2022, the Pacifica City Council selected Mayor Bier as the voting delegate and Mayor pro Tem Bigstyck as the designated alternate for the business meeting to be held on Friday, September 9, 2022 at the Cal Cities 2022 Annual Conference.

The Proposed Bylaws Amendments packet (provided as Attachment A) includes background information, a resolution for adopting the bylaws amendments, a summary of the proposed changes to the bylaws, and a full redlined version of the proposed changes to the bylaws.

Specifically, the proposed bylaws amendments would accomplish the following:

1. Formalize oversight of the Resolutions Committee by establishing the Second Vice President as the chair of the committee, while retaining the President's authority to appoint the vice chair of the committee.

2. Ensure a more inclusive Nominating Committee by adding a committee member appointed by the Cal Cities President from among the Caucus Board Directors and one additional committee member appointed by the Cal Cities President from among the AtLarge Directors for a total of 13 committee members. 15 Packet Pg. 452
Pacifica City Council 2
August 22, 2022

3. Clarify that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of Board-established committees.

4. Make various minor technical corrections.

The City Manager recommends that Pacifica's voting delegate communicate the City of Pacifica's support of these bylaws amendments.

ALTERNATIVE ACTION:

The City Council may alternatively direct Pacifica's voting delegate to disapprove or take no action on the resolution to approve the proposed Cal Cities bylaws amendments.

FISCAL IMPACT:

None.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (PDF) 15 Packet Pg. 453
2022 Annual Conference and Expo

PROPOSED BYLAWS AMENDMENTS
General Assembly
September 9, 2022

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Packet Pg. 454 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - 2021-2022

CAL CITIES OFFICERS
President
Cindy Silva
Mayor Pro Tem,
Walnut Creek
First Vice President
Ali Taj
Council Member,
Artesia
Second Vice President
Daniel Parra
Council Member,
Fowler
Immediate Past President
Cheryl Viegas Walker
Council Member,
El Centro
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 2022
To: Cal Cities General Assembly
From: Cindy Silva, President
Carolyn Coleman, Executive Director and CEO
Re: Proposed Cal Cities Bylaws Amendments
On July 15, 2022, the League of California Cities (Cal Cities) Board of Directors (Board) voted to present proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo. This memorandum outlines the history of the proposed amendments, summarizes the amendments, and provides an explanation of the process for adopting amendments to the bylaws.

Background
Beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Grown Plan 2018-2021” (Strategic Growth Plan). The Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive.

In furtherance of its governance goals, the Board engaged an association governance consultant (Consultant) to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance. The Consultant gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys. On July 8, 2021, the Consultant produced a report (Governance Report) detailing 49 recommendations to the Board to deepen the engagement of Cal Cities Member Cities and ensure Cal Cities’ governance is operating at peak performance.

The Governance Report included findings indicating that Cal Cities is a strong organization, with a high level of member engagement, but also highlighted opportunities for Cal Cities to enhance its governance. The opportunities for enhancement included: (a) improving the clarity, ease, and consistency in how the governance system works; (b) clarifying the guidelines for position qualifications and performance expectations; (c) identifying ways to deepen member engagement and enhance the quality of the experience of involvement; and (d) ensuring Cal Cities has an intentional, consistent organizational culture at all levels of the governance system.
1 15.a
Packet Pg. 455 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - The findings and recommendations from the Governance Report were presented to the Board during the July 2021 Board meeting. Following a robust exchange of ideas and input, the Board decided to move forward with many of the recommendations, referred other recommendations to a “to be established” board subcommittee for further study, and deferred consideration of the remaining recommendations.

Following Board approval, in September 2021 during the Cal Cities Annual Conference and Expo, the General Assembly voted to approve the following bylaws amendments:

1. Adjust the composition of the Board to achieve a higher impact and be more representative by adding Director seats to the Board for each of the five Diversity Caucuses, and transitioning members of the National League of Cities Board from Cal Cities Directors to one non-voting advisor to the Cal Cities Board.

2. Recognize the Cal Cities Diversity Caucuses in the Cal Cities bylaws to reflect the full contribution the caucuses make to Cal Cities’ mission and vision.

Those amendments became effective on Nov. 24, 2021.

Among the recommendations the Board decided was a priority to move forward was the establishment of a standing Governance Committee to assist the Board in fulfilling its governance function.

At its February 2022 meeting, the Board voted to approve Board policy establishing the Governance Committee with the task of regularly reviewing the governance structures, policies, and practices of Cal Cities and reporting its findings and recommendations to the Board. The Board also approved a one-year work plan for the Governance Committee that established priority governance issues to focus on in its first year.

Following the Board meeting, President Cindy Silva appointed the following Board members to serve on the Governance Committee:
• Cheryl Viegas Walker, Immediate Past President and Council Member, El Centro, Chair • Walt Allen, Council Member, Covina
• Jan Arbuckle, Vice Mayor, Grass Valley
• LaTanya Bellow, Deputy City Manager, Berkeley
• Pippin Dew, Council Member, Vallejo
• Lynne Kennedy, Mayor Pro Tem, Rancho Cucamonga
• Karen Goh, Mayor, Bakersfield
• Jim Lewis, City Manager, Pismo Beach
• Lisa Middleton, Mayor, Palm Springs
• John Minto, Mayor, Santee
• David Pollock, Council Member, Moorpark
2 15.a
Packet Pg. 456 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - The Governance Committee met in April 2022, and following engaging and productive discussions, brought forward to the Board at its May 2022 meeting several recommendations to further enhance Cal Cities’ governance. Among the recommendations approved by the Board during that meeting are two that require bylaws amendments:

1. Formalize oversight of the Resolutions Committee by establishing the Second Vice President as the chair of the committee, while retaining the President’s authority to appoint the vice chair of the committee.

2. To ensure a more inclusive Nominating Committee, add one committee member appointed from among the Caucus Directors and one additional committee member appointed from among the At-Large Directors for a total of 13 committee members.1 In addition to those recommendations identified by the Governance Committee and approved by the Board, Cal Cities staff identified various non-substantive revisions to the Cal Cities bylaws:

1. Clarify that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of Board-established committees.

2. To avoid confusion and clarify organizational responsibilities, remove “Treasurer” from the title of the Second Vice President.
2 3. To promote consistency, replace the term “Board member(s)” with “Director(s).”3 On July 15, 2022, the Board voted to present these proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo.

While the work to enhance Cal Cities’ governance is a process being implemented in phases over several years, the Board believes these proposed amendments constitute important next steps toward ensuring Cal Cities’ governance is operating at peak performance. 1 Under the current bylaws, the Nominating Committee is comprised of 11 Directors. Two committee members are appointed from among At-Large Directors and one from a Department. Divisions participate on a rotation, with Directors residing within eight of the Divisions appointed in even-numbered years and Directors from the other eight appointed in odd-numbered years. 2 Under the current bylaws, the Second Vice President is referred to as “Second Vice President/Treasurer.” However, in practice the Second Vice President does not serve as treasurer of Cal Cities. Rather, that function is performed by the Chief Financial Officer designated in Article VIII, section 5, subdivision b(2), of the Cal Cities bylaws.
3 The current bylaws primarily refer to members of the Cal Cities Board of Directors as “Directors.” However, there are instances in which they are referred to as “Board members.” 3 15.a
Packet Pg. 457 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - Procedure for Amending the Cal Cities Bylaws
Amendments to the Cal Cities bylaws may be proposed by the Cal Cities Board and may be adopted: (a) by vote of the Cal Cities General Assembly, or (b) by mail ballot to Member Cities.4 In this case, the amendments will be considered by the General Assembly. Bylaws amendments need to be approved by 2/3 of those voting,5
and the number that constitutes 2/3 of those voting
(a) cannot be less than a majority of the voting delegates present if there is a quorum at the time the vote is taken;6 or (b) cannot be less than a majority of a quorum if the meeting started with a quorum but a quorum is not present when the vote is taken.7 If approved by the General Assembly, the amendments to the bylaws will go into effect after the expiration of a 60-day protest period.8 If, within 60 days after the adoption of the amendments, one-third or more of Member Cities submit a written protest against such amendments, the amendments are automatically suspended until the next Annual Conference and Expo, when they may be taken up again for reconsideration and vote.9 If the amendments are approved by the General Assembly and no protest is lodged, the effective date of the bylaws amendments will be Nov. 9, 2022.
4 Article XVII, Section 1.
5 Article XVII, Section 2.
6 Cal. Corp. Code 7512, subd. (a).
7 Cal. Corp. Code 7512, subd. (d). 8 Article XVII, section 6. 9 Article XVII, section 7.
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Packet Pg. 458 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution -

RESOLUTION RELATING TO AMENDMENTS TO THE CAL CITIES BYLAWS (2/3 vote at General Assembly required to approve)
Source: League of California Cities Board of Directors
WHEREAS, the League of California Cities (Cal Cities) is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the Cal Cities Board of Directors (Board) periodically reviews the Cal Cities bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership needs and interests; and
WHEREAS, beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Growth Plan 2018-2021” (Strategic Growth Plan); and
WHEREAS, the Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive; and WHEREAS, in furtherance of its governance goals, the Board engaged an expert in association governance who gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance; and
WHEREAS, in July 2021 the Board decided to move forward with certain recommendations made as a result of that governance evaluation, including a recommendation to establish a standing Governance Committee of the Board to assist the Board in fulfilling its governance function; and
WHEREAS, in February 2022 the Board approved Board policy establishing the Governance Committee and charging it with regularly reviewing the governance structures, policies, and practices of Cal Cities, and reporting its findings and making recommendations to the Board; and
WHEREAS, in 2022 the Governance Committee recommended, and the Board, approved certain changes to the bylaws that: (1) formalize the oversight of the Resolutions Committee; (2) ensure a more inclusive Nominating Committee by adding one committee member appointed from among Caucus Directors and one additional committee member appointed from among AtLarge Directors; (3) clarify that, unless the board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; and (4) make various non-substantive revisions; and
5 15.a
Packet Pg. 459 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - WHEREAS, the Cal Cities Board offers the following proposed amendments and additions to the bylaws, as set forth in the attached redlined version of the bylaws specified below, which is hereby incorporated by reference:

1. Amend Article VI, section 3(c) to designate the Second Vice-President as the Resolutions Committee chair, while retaining the President’s authority to appoint the vice chair of the Resolutions Committee;

2. Amend Article VII, section 5(b) to adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members;

3. Amend Article VII, Section 10(d) to provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees;

4. Replace the title “Second Vice-President/Treasurer” with “Second Vice President” in Article VII, sections 2(a), 5(e), and 10(b); and Article VIII, sections 1, 2(c), and 4;

5. Replace the term “board member(s)” with “Director(s)” in Article VII, sections 5(b), 5(e), and 8; Article XII, section 5(c); and Article XV, section 4; and now therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled during the Annual Conference in Long Beach on September 9, 2022, that the proposed bylaws amendments are hereby approved and Cal Cities shall make the specified amendments to the Cal Cities bylaws set forth in the attached redlined version of the bylaws.

See ATTACHMENT 1 for redline of proposed changes to the bylaws. 6 15.a
Packet Pg. 460 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - ATTACHMENT 1
Redline of Proposed Changes to Bylaws
7 15.a
Packet Pg. 461 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - Bylaws for the
League of California Cities
…
Article VI. Resolutions
…
Section 3: Resolutions Committee for Annual Conference Resolutions. (a) Resolutions Committee Composition. The Cal Cities President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of:
(i) One elected official from each regional division, appointed by the regional division;
(ii) One elected official from each policy committee, appointed by the policy committee;
(iii) One member from each functional department, appointed by the department;
(iv) One elected official from each caucus, appointed by the caucus; and (v) Up to ten additional members (at least five of whom are elected officials) as the Cal Cities President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff.
(b) Presidential Appointments. In the event a regional division, policy committee, functional department, or caucus does not make its appointment to the Resolutions Committee, the Cal Cities President may make the appointment on the regional division’s, policy committee’s, functional department’s, or caucus’s behalf.
(c) Chair. The Cal Cities President shall also appoint to the Resolutions Committee a committee chair and vice chairSecond Vice-President shall serve as committee chair. The Cal Cities President shall also appoint to the Resolutions Committee a vice chair.
(d) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the Cal Cities President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials.
8 15.a
Packet Pg. 462 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - (e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of Cal Cities on any question may be considered or discussed by Cal Cities’ General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. …
Article VII: Board of Directors
…
Section 2: Composition.

The Cal Cities Board is composed of the following:
(a) A President, First Vice-President and Second Vice-President/Treasurer, who each serve a term of one year;
(b) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President;
(c) Twelve Directors-at-Large,
(i) Who serve staggered two-year terms, and
(ii) At least one of whom is a representative of a small city with a population of 10,000 or less;
(d) One Director to be elected from each of the regional divisions, functional departments, and caucuses of Cal Cities, each of whom serves for a term of two years; and
(e) Ten Directors that may be designated by the mayors of each of the ten largest cities in California to serve two-year terms.
(f) For purposes of this section, the population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population. (g) Directors hold office until their successors are elected and qualified. …
9 15.a
Packet Pg. 463 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - Section 5: Nomination Process.
(a) Timing. The Cal Cities President, with the concurrence of the Cal Cities Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur.
(b) Composition. The nominating committee shall be comprised of eleven thirteen Board membersDirectors. ThreeTwo nominating committee members shall be At-Large Directors, and one shall represent a functional department, and one shall represent a caucus. Regional divisions shall be represented on the nominating committee on the following rotating basis:
(i) Even-Numbered Years: In even-numbered years, the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County
Regional Divisions shall be represented on the nominating committee. (ii) Odd-Numbered Years: In odd-numbered years, the Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin Regional Divisions shall be represented on the nominating committee. (c) Nominating Committee Chair. The Cal Cities President shall appoint the chair of the nominating committee.
(d) Candidates for Positions Ineligible. Candidates for officer and at-large positions on the Cal Cities Board are not eligible to serve on the nominating committee. In the event a regional division representative on the nominating committee wishes to be a candidate for an officer or at-large position, the Cal Cities President will appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division. (e) Duties. The duties of the nominating committee are to:
(i) Member Outreach. Publicize the qualifications for the offices of Second Vice Vice-President/Treasurer and the at-large members of the Cal Cities Board to Cal Cities’ Member Cities;
(ii) At-Large and Second Vice-President Recommendations. Make recommendations to the Cal Cities Board on the following year’s Cal Cities officers and at-large board membersDirectors; and (iii) President and First Vice President Recommendation.

Recommend whether the previous year’s First Vice President 10 15.a
Packet Pg. 464 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - becomes President and the previous year’s Second VicePresident/Treasurer becomes First Vice President. (f) Notice to Members. An explanation of the nomination process and relevant deadlines for submitting nominations to the nominating committee shall be publicized in Cal Cities publications and communications throughout the year, along with the identity of nominating committee members once such members are appointed. In addition, the nominating committee shall inform the membership of the opening of the nominations for the following year when it makes its report to the general membership as provided in Article VI, Section 5(g) below.
(g) Decision and Report. The nominating committee’s recommendations shall be communicated to the Cal Cities Board not later than 30 days prior to the date of Cal Cities’ Annual Conference and again at the Annual Conference.

In addition, the nominating committee shall make its report to the membership at the opening general session of the Annual Conference. (h) Election. The election of Cal Cities Board officers and Directors-at-Large shall occur at a Cal Cities Board meeting at the Annual Conference as provided in Article VII, Section 4(c) and Article VII, section 3. …
Section 8: Meetings and Meeting Notice.
(a) Regularly Scheduled Board Meetings. The Cal Cities Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting. (b) Emergency Board Meetings. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means). (c) Telephonic or Electronic Participation. Members of the Cal Cities Board may participate in any meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation in a meeting by this means constitutes presence in person at such meeting.
(d) Notice Content. All meeting notices shall include the meeting date, place, time, and, as applicable, the means by which a Cal Cities Board memberDirector may participate electronically.
…
11 15.a
Packet Pg. 465 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - Section 10: Committees.
(a) General. The Cal Cities Board may establish committees to study city problems, advise on Cal Cities educational efforts, make recommendations with respect to Cal Cities advocacy efforts, or to engage in other appropriate Cal Cities service.
(b) Executive Committee.
(i) Composition. The Executive Committee of the Cal Cities Board consists of the following: the Cal Cities President, First VicePresident, Second Vice-President/Treasurer, Immediate Past President and Executive Director.
(ii) Authority. The Executive Committee has authority to act for the Cal Cities Board between Board meetings, provided that no action of the Executive Committee is binding on the Cal Cities Board unless authorized or approved by the Board.
(c) Standing Policy Committees.
(i) Charge. Cal Cities shall have a series of standing policy committees, whose charge shall be to make recommendations to the Cal Cities Board on matters within the committees’ jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)).
(ii) Membership. Each Cal Cities Policy Committee shall be comprised of the following:
• Two members appointed by each regional division president; • One member appointed by each functional department president; • One member appointed by each caucus president;
• No more than 16 members appointed by the Cal Cities President, to provide population and geographic balance, as well as expertise; and
• Such representatives of affiliate organizations in the capacity authorized by the Cal Cities Board.
(iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions.
12 15.a
Packet Pg. 466 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - (d) Committee Chairs and Vice Chairs. Unless the Cal Cities Board establishes otherwise, Tthe Cal Cities President appoints the chair of all CalCities-wide committees. The term of such appointments coincides with the Cal Cities President’s term. The Cal Cities President may appoint vice chairs for such committees, as the Cal Cities President deems necessary. …
Article VIII: Officers
Section 1: Identity.

The officers of Cal Cities are a President, a First Vice-President, a Second VicePresident/Treasurer, an Immediate Past President, and an Executive Director.

Section 2: Duties of Cal Cities Officers.
(a) President. The President presides at all Cal Cities Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board. (b) First Vice-President. The First Vice-President carries on the duties of the President in the President’s temporary absence or incapacity. The First VicePresident has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President’s and First VicePresident’s temporary absence or incapacity. The Second VicePresident/Treasurer has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
…
Section 4: Vacancies.

A vacancy in the office of President is filled by the Immediate Past President who shall serve for the unexpired term of office and, upon election of a new President at the next Annual Conference, shall subsequently serve a full term as Immediate Past President.

In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writing, it shall be filled by the succession of the First Vice-President to that office. A vacancy in the office of First Vice-President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment by the Cal Cities Board of a member of the Cal Cities Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office.
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Packet Pg. 467 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution - Article XII: Voting
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Section 5: Mail Balloting.

In addition to voting at Cal Cities meetings, Cal Cities may solicit member input by mail ballot.
(a) Mailing.10 The question(s) to be voted upon, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City for consideration and action.
(b) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote. Ballots shall be cast by returning the Member City’s ballot to Cal Cities’ principal office in Sacramento.
(c) Ballot Tabulation and Results Announcement. The Cal Cities President will appoint a counting committee of three board membersDirectors to count the votes cast by mail ballot. The counting committee will submit its count to the Cal Cities Board, which shall canvass the vote and announce the results. (d) Functional Departments, Regional Divisions, and Caucuses.

Departments, divisions, and caucuses may also use mail balloting under procedures specified in their respective bylaws.
…
Article XV: Prohibited Transactions
…
Section 4: Ethical Considerations.

These restrictions, of course, represent the floor, not the ceiling, for ethical conduct as a Cal Cities board memberDirector or policy committee member. If a board memberDirector or policy committee member believes that there are circumstances under which Cal Cities’ members might reasonably question the board member’sDirector’s or policy committee member’s ability to act solely in the best interests of Cal Cities and its member cities, the prudent course is to abstain. As an example, typically Cal Cities board membersDirectors have abstained from participating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a board member’sDirector’s city.

Policy committee members should also consider abstaining in similar circumstances. 10 The Administrative Services Committee recommends Cal Cities also include notice of the upcoming ballot in a variety of Cal Cities communications to alert Member Cities to make inquiry in the event a city’s ballot is lost in the mail. 14 15.a
Packet Pg. 468 Attachment: Attachment A: 2022 Cal Cities Proposed Bylaws Amendments Packet (5099 : Cal Cities 2022 Annual Conference Resolution -

Pacifica City CouncilAugust 22, 2022

Pacifica City Council
August 22, 2022