CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:
Public Hearing on Proposed Ordinances repealing and replacing Pacifica Municipal Code Chapter 12 - Tree Preservation and Chapter 14 - Maintenance and Preservation of City Trees RECOMMENDED ACTION:
Move to Waive the First Reading of and Introduce by Title 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 and finding the Ordinance exempt under the California Environmental Quality Act (“CEQA”).
STAFF CONTACT:
Sam Bautista, P.E., Dep. Director of Public Works
(650) 738-3771
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
BACKGROUND/DISCUSSION:
Starting in 2020, the City of Pacifica began a study and public engagement process to revamp the City’s existing Tree Preservation Ordinance. This included contracting with Davey Resource Group (DRG) to provide a robust community outreach and information gathering phase to help define desired changes that would meet both the Pacifica community’s needs, as well as Industry Best Management Practices for tree preservation. Staff used the data from DRG to assist in drafting the revisions to the Tree Preservation Ordinance.
City Council Study Sessions were held on May 23, 2022, and June 27, 2022, to discuss the Community Outreach and Benchmarking Study (Attachment 1) along with recommendations from staff related to the Heritage Tree Ordinance changes. During the Study Sessions, staff discussed the extensive outreach to the community regarding the project, the information received from the other cities included in the benchmarking study and recommended ordinance changes. Changes requested by Council at the May 23rd meeting were included as Attachment #2 in the June 27, 2022 Council Report (Attachment 2).
The below bullet points show key ordinance updates based on community input and Council direction at the June 27, 2022 City Council Study Session. These changes are also provided in the redline copy in Attachment 3.
Revisions to Chapter 12- Preservation of Heritage Trees:
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August 22, 2022
• Section 4-12-02(I) revised the definition of “Grove” to mean only 10 trees rather than 20.
• Section 4-12-04(a) revised the section to include the requirement of an ISA report for the removal of any protected tree requiring a permit. • Section 4-12-04(e)(2) revised to state “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.”
• Section 4-12-04(g)(4) added “All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made.”
• Section 4-12-04(g)(5) added “Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued.” • Section 4-12-04(g)(6) added “Once a building permit has been submitted, the Planning Director may issue a grading permit if the Planning Director determines it would advance public health and safety.”
• Section 4-12-07(b)(1) added “Proposed decisions involving dead/dying trees as determined by the Director may not be appealed.”
• Section 4-12-10(e) added that any damage to a Protected or City tree must be reported to the Director in writing.
• Section 4-12-13(a) revised to add the full definition of person to make it clearer that not just individuals, but businesses and the like will also be subject to penalties for the unauthorized removal of a protected tree. • Section 4-12-13(d) included language referencing the remedies in Title 1, Chapter 2 as applicable to give the City more options to deal with violators.
Revisions to Chapter 14-Maintenance and Preservation of City Tree:
• Section 4-14-02(e) added the definition of “person” from Chapter 12. • Section 4-14-06 added sections similar to Chapter 12 providing for the 2-1 replacement of City trees and the requirement of an ISA form. This was already required under Chapter 12, but the Council wanted it restated. Also added the replacement tree size requirements (1.5 inches and 15 gallon tree). • Section 4-14-06(I)(4) added “All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made.”
• Section 4-14-07 added notice section for the removal of City trees. This was already required under Chapter 12, but the Council wanted it restated. • Section 4-14-08 revised to add the full definition of person to make it clearer that not just individuals, but businesses and the like will also be subject to penalties for the unauthorized removal of a City tree.
• Section 4-14-08(f) included language referencing the remedies in Title 1, Chapter 2 as applicable to give the City more options to deal with violators.
The revised provisions of Chapters 12 and 14 would become effective thirty days after the ordinance (Attachment 4) is adopted. If adopted, staff plans to notify the community about the changes in the Municipal Code relating to tree maintenance and preservation by revising the City’s dedicated “Tree Ordinance / Permits” webpage to reflect the updates.
CEQA:
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August 22, 2022
The introduction of 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. The current regulations include provisions for the preservation of trees that have a trunk with a circumference of 50″ (approximately 16″ in diameter) or more, measured at 24″ above the natural grade. This Ordinance would expand local regulations to apply to a broader size range and criteria of trees, including trees that have a trunk with a diameter of 12″ or greater, thereby increasing the number of existing trees that would be protected and preserved. The project would also add specific standards for tree pruning and encroachment within 50’ of a tree that has a trunk with a diameter of 12″ or greater thereby expanding the preservation efforts for existing trees.
Furthermore, this Ordinance would reduce the criteria that could be used to grant the approval of a tree removal and adds a requirement for replacement trees for the removal of healthy trees at a ratio of 2:1, which will result in fewer existing trees being removed, and more new trees planted. Given these expanded regulations, the Ordinance would enhance rather than degrade existing environmental conditions and will increase preservation of existing trees. Therefore, it can be seen with certainty that there is no possibility that this project may have a significant effect on the environment. For all the reasons provided above, staff recommends finding the ordinance exempt from CEQA under the “common sense” exception.
ALTERNATIVE ACTION:
Council may choose to require further study of one or more of the recommendations, which would delay the update of the tree preservation ordinance.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The tree preservation ordinance update is consistent the following Council adopted Goals:
• Stewardship of City Infrastructure: The project would help provide guidelines as the City continues to maintain healthy trees and remove dead or dying trees. • Environmental Sustainability: Updating the tree ordinance would provide the City with improved best management practices for its City’s trees and promote environmental sustainability.
• Maintaining a Safe Community: The project will address how the City will manage emergency tree removals.
FISCAL IMPACT:
There is no fiscal impact to waive and introduce these ordinances.
ORIGINATED BY:
Engineering
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August 22, 2022
ATTACHMENT LIST:
Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (PDF)
Attachment 2 - Staff Report from June 27, 2022 City Council Meeting (PDF) Attachment 3 - Chapter 12 and Chapter 14 Redlines (DOCX) Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (DOCX)