Administrative
"ORATED APRILM Report
N.6., File # 21-2866 Meeting Date: 8/17/2021
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING CONSIDERATION TO ESTABLISH A TREE
ORDINANCE FOR PUBLIC RIGHT OF WAY AND PRIVATE PROPERTY TREES
EXECUTIVE SUMMARY
Per the City Council's referral, included is a draft tree ordinance proposed by residents Laura MacMoran and Mara Lang, a summary of the existing procedures administered by staff, and staff's recommendations for elements to be considered for inclusion in a tree ordinance. Staff requests the Council to provide direction regarding policies to be considered in the draft ordinance, which will be brought back for adoption.
BACKGROUND
At the April 20, 2021 meeting, the City Council approved a referral by Councilmember Nehrenheim to agendize in August the review of a potential tree ordinance for the City. Previously, on March 12, 2019, the Council received and filed a report on current policies and procedures for trimming, planting and removing trees on City property. On February 18, 2020, the Council reviewed a report describing the policies and procedures used by the City of Manhattan Beach to protect trees on both public and private property. The Council received and filed the report and directed staff to provide information regarding the steps and costs associated with pursuing a Tree City USA designation. This information was provided to the Council on March 17, 2020, in a Midyear Budget Response Report.
The City's urban forest contains approximately 11,600 trees, located in parks, parkways, medians, City facility exteriors and other green spaces. The current policies and procedures applied by staff for the care of trees on public property are as follows:
Tree Maintenance/Trimming
The City is divided into four grids with one grid serviced each year. A majority of trees are trimmed every four years.
Chinese elms on Grant Avenue and palm trees in heavily traveled corridors, such as Knob Hill Avenue, Beryl Street, Ripley Avenue, Catalina Avenue and Artesia Boulevard, are serviced every two years.
• Requests for out-of-grid tree pruning are considered on a case-by-case basis, with
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consideration given to safety concerns and availability of funding.
Tree trimming is contracted out, with the vendor selected through a competitive bidding process.
Tree Removals (Non Development-Related Requests)
• Requests for tree removals not related to a construction project are evaluated by the City's Parks and Urban Forestry Manager on a case-by-case basis and are approved only if certain specific conditions are found to exist. Justification for a tree removal not related to development is limited to the following:
Tree Health - When a request for removal is received, the tree is assessed by the Urban Forestry Manager. In the assessment, the tree is considered for potential treatment, which is then scheduled for treatment application and the tree is monitored over a period of time for improvement. If the tree is found to be in such poor health due to age or disease that its presence on public property is no longer appropriate, the request for removal is approved. Requests for removal are not approved if staff believes a tree's health can improve over time.
Damage to Infrastructure - Trees can grow to a point where the canopy, trunk and/or root system causes damage to underground utility lines, sidewalks, driveways, roadways or private property. If the damage is found to be minor and/or can be mitigated, the request is denied. If a tree is found be causing significant damage that cannot be remedied by pruning or root removal, the request for removal is approved.
Safety Hazards - If a tree is found to present a potential safety hazard that cannot be mitigated, the request for removal is approved. Examples of safety hazards include weakened/falling limbs and the possibility of a tree toppling over during storm conditions due to an insufficient root structure.
• Criteria that do not justify removals include view obstruction, nuisance of droppings, tree age and maintenance demands.
• If a non development-related tree removal is approved, the City schedules removal of the tree.
Notices are posted on the tree for 15 calendar days prior to the scheduled removal date, stating the reason for the removal and giving interested parties an opportunity to comment and ask questions.
Tree Removal (Development-Related Requests)
Requests for tree removals that are related to development of adjacent private property are evaluated by the Urban Forestry Manager on a case-by-case basis. Such requests are only approved if staff concludes the tree presents a significant impediment and there are no other reasonable alternatives available. Requests are not approved for visual/appearance-related reasons.
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When a request for removal of a healthy tree is approved, the developer or property owner is required to pay a fee equal to the estimated value of the tree, based on industry standards related to size and species. Data regarding tree valuations is updated by the City's trimming contractor in the Arbor Access database system as trees are trimmed and assessed each year. Funds are held in the City's Tree Enhancement Account and are used exclusively to plant new trees in the public right of way at suitable locations throughout the City.
Tree Planting
The City maintains a Tree Enhancement Account specifically for the purpose of adding new trees to the urban forest. The Public Works Department identifies appropriate locations and installs trees as funding allows. If a property owner requests a new tree the City will provide the tree and installation if the location is determined to be suitable. The City attempts to plant at least 100 new trees per year. During the 2020/2021 fiscal year a total of 102 new trees were planted.
Development projects are conditioned as part of their entitlement to plant trees at a nominal spacing of 40 to 60 feet, depending on the nature of the project, it's design, and barring conflicts with utilities, infrastructure, driveways or other conflicts.
Redondo Beach residents Laura MacMoran and Mara Lang have drafted a proposed tree ordinance for the City to consider. The ordinance largely mirrors the one used by the City of Encinitas, California. A copy is attached. While Encinitas performs a majority of maintenance services for parkway trees, it also allows property owners/residents to obtain permits to trim, plant and remove parkway trees themselves. Much of the ordinance governs what property owners/residents are permitted and not permitted to do as it relates to parkway trees.
While the proposed ordinance is comprehensive, its application is different for Redondo Beach.
Redondo Beach residents are not allowed to maintain, trim or remove parkway trees. Such work is only authorized to properly licensed tree trimming contractors and are only implemented under the oversight of the Urban Forestry Manager. Residents that request to have a parkway tree trimmed out of its Grid sequence, may do so by paying to have the City's tree trimming contractor, WCA, implement the work. As such, staff doesn't believe the draft ordinance provided is applicable in the same manner for Redondo Beach.
The elements of the proposed ordinance that staff feels should be considered as part of a Redondo Beach tree ordinance, along with the current practices and staff recommendations are as follows:
Element - Staff Person Designated to Oversee Tree Program MacMoran/Lang Proposal - The ordinance proposes creating a City Arborist position.
Current Practice - The City's Urban Forestry Manager is a certified arborist and the manager of the Public Works Department Parks Division. The Urban Forestry Manager oversees all issues related to trees on public property, such as, but not limited to median islands, parkways and parks. The staff member in this position is required to be a certified arborist.
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Staff recommendation - Maintain current practice.
Element - Create New Commission to Review Tree-Related Issues MacMoran/Lang Proposal - The ordinance proposes creating an Urban Forestry Commission to review tree issues that rise above the administrative level. The Commission would be comprised of seven members, with each City Council District being represented.
Current Practice -Tree-related decisions are currently made by the Public Works Department, primarily by the Urban Forestry Manager. Issues involving significant controversy are addressed by the Public Works Director and/or City Manager and may be brought to the City Council for review.
Staff Recommendation - While a new commission could be created specifically to review tree issues, the City already has a number of commissions in place, including. the Public Works Commission.
Per Section 2-9.403 of the Municipal Code, The Commission shall advise the Mayor and City Council in all matters relating to public works, ....... and in such other matters as may also be directed by the City Council. The Public Works Commission may fulfill that need since they have been tasked by Council to advise on matters relating to Public Works. When tree-related matters rise above the administrative level, the Council may wish to have them brought to the Public Works Commission for review and recommendation to Council.
Element - Protection of Designated Trees on Public Property MacMoran/Lang Proposal - The ordinance proposes establishing a "Heritage Tree" designation.
Trees receiving this designation would have a unique age, size, species or significance due to an association with a site or event. Removal of Heritage Trees would require approval by the Planning Commission.
Current Practice - Staff strives to protect all trees on public property, without regard for age, species or significance
Staff Recommendation - Staff doesn't see a need to establish a unique designation for certain trees.
Again, staff strives to protect all trees on public property. Historical relevance, public safety, path of travel and maturity are considered in decision-making.
Element - Protection of Designated Trees on Private Property MacMoran/Lang Proposal - The proposed "Heritage Tree" designation would also apply to certain trees on private property. Removal of Heritage Trees would require approval by the Planning Commission. Removal of trees without the heritage designation would require approval by the City Arborist.
Current Practice - The Municipal Code does not regulate trees on private property. There is only a reference to incorporating mature trees into landscape plans, when feasible, when a property is being redeveloped or having significant remodeling. For the most part trees on private property are not regulated by the City.
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Staff Recommendation - If this is the direction provided by City Council, establishing a protected designation for trees on private property should be referred to the Community Development Department for land use regulations and eventually to the Planning Commission for review. Applying new regulations to private property would impact property rights.
Element - Protection of Trees During Construction
MacMoran/Lang Proposal - The ordinance proposes requiring fenced tree protection zones when construction activities are to take place within the dripline of an existing tree.
Current Practice - The Public Works Department utilizes the attached Tree Protection Zone (TPZ) guidelines to protect parkway trees during construction.
Staff Recommendation - Staff proposes requiring builders to notify the Public Works Department when construction is to take place within the dripline of a public right of way tree. The Urban Forestry Manager would then inspect the site and determine what appropriate measures are needed to protect the tree.
Element - Adding/Restoring Trees During Construction or Upon Sale of a Property MacMoran/Lang Proposal - The ordinance proposes requiring trees to be planted in the public right of way, if deemed appropriate, when a property is sold or if a building permit is issued.
Current Practice - While there is no written policy in place, the Public Works Engineering Services Division provides conditions on entitlements and building permits to plant new parkway trees where appropriate.
Staff Recommendation - Staff agrees that in the event of new construction the builder should be required to plant trees in the parkway if deemed appropriate. It is not suggested to impose this requirement upon the sale of a property, as it may pose an unfair burden on the buyer.
Conclusion
Staff recommends that the City Council review existing procedures, discuss the policy elements suggested by the MacMoran/Lang draft ordinance and direct staff as to what procedures, if any, shall be incorporated into current practice/policy or into a City ordinance. Should the Council request an ordinance, staff will then work with the City Attorney's Office to develop an ordinance to be brought back for introduction and adoption. As an alternative, the procedures selected by the Council for trees on public property could be incorporated into a policy document rather than an ordinance.
Tree ordinances are essential in cities such as Encinitas and Manhattan Beach, where property owners are permitted to trim and remove trees in the public right of way themselves. In Redondo Beach the City performs these functions exclusively, following the direction of the City Council. A policy document would be simpler to amend in the future should the Council change its position on tree-related procedures.
COORDINATION
N.6., File # 21-2866 Meeting Date: 8/17/2021
The Public Works Department coordinated this item. The City Attorney's office will prepare the tree ordinance as to form.
FISCAL IMPACT
If the Council decides to create a new commission to review tree-related issues, there would be added costs for staff time. A majority of staff time for commission meetings would be provided by staff members who are exempt from overtime pay and no extra direct staff costs would be incurred.
However, video recording meetings and preparing minutes would require roughly eight hours of paid overtime per meeting, which would cost roughly $350 each time a separate commission meets.
APPROVED BY:
Joe Hoefgen, City Manager
ATTACHMENTS
MacMoran/Lang Ordinance
: Tree Protection Zone Guidelines
City of Redondo Beach
Tree ordinance proposal
contacts/ authors:
Laura MacMoran, [email protected]
Mara Lang, [email protected]
Title 13
Urban Forest and Right-of-Way Planting Areas Husbandry
Chapter 1 General
Provisions
13-0.01 Purpose. A City's urban forest is an integral part of its character as well as its infrastructure. Properly planned, managed, and maintained, the urban forest provides significant ecological, health, and economic benefits.
The purpose of this chapter is to promote and protect the public health, safety, and general welfare by providing for the regulation ot the planting, management, maintenance, preservation, and, where necessary, removal of public trees and heritage trees.
Collectively, parkways, medians, traffic circles, and similar planting areas in the right-of-way contain a substantial amount of publicly- owned planting area and are the common locations for urban trees. By establishing standards for right-of-way planting areas, it will ensure the availability of space for street trees.
This chapter is intended to supplement the City's Policies and Administrative Procedures as outlined in the City's Urban Forestry Management Program.
13-1.02 Authority. The City Manager, or designee, shall have the authority and jurisdiction to regulate the management, maintenance, planting, care, and removal of certain trees within the public right-of-way or on public property to ensure safety, protect the environment, or to preserve or enhance the aesthetics of such public sites.
13-1.03 Definitions. "Administrative Manual" means the Manual of Procedures as revised by the City Arborist that provides technical guidance to City staff and others regarding the planting, removal, maintenance, care, and protection of trees in the City of Redondo Beach.
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"Approved Tree Species Master List" means a listing of trees as approved by the City Council that are deemed appropriate for planting on a Citywide basis, or in limited areas as determined by the City Arborist. This listing shall consider, as appropriate, ultimate tree canopy and root growth; compatibility with nearby buildings, sidewalks, and streets; shade canopy provided; and fire resistance. It shall also include a listing of invasive or otherwise undesirable trees that the City has determined shall not be planted within the City of Redondo Beach by public or private parties as part of a development plan. The approved tree species master list shall be maintained by the City Arborist and included as part of the Administrative Manual and shall be made available to the public.
"Certified arborist" is a professional arborist who has been certified by the International Society of Arboriculture.
"City" shall mean the City of Redondo Beach.
"City Arborist" means that person appointed by the City Manager who shall serve as the City's resource and shall advise the City Manager and all departments on urban forestry matters.
"City tree" means a tree within the City's public rights-of-way, parks, or other public places and is maintained by the City.
"Diameter at standard height (DSH)" means the diameter of a tree measured at 54 inches above finish grade.
"Dripline area" means the area from the trunk of a tree to the outermost edge of the tree canopy.
"Emergency removal" means that a tree must be immediately removed due to an imminent threat to persons or property due to disease, lack of structural integrity or stability. Ihe tree may be removed as provided in the City's Administrative Manual. 2 of 12 4/6/21
"Excessive pruning" means removing more branches, stems, and roots than necessary to accomplish the desired objective. Typically no more than 25% of a tree's total number of major branches or canopy volume should be removed in a single year. Pruning in excess of 25% can injure a tree and is prohibited unless approved by the City Arborist. "Hazard" or "hazardous" means a tree, or part of a tree, that has been assessed for risk and found to be very likely to fail and cause severe consequences by causing injury, damage, or disruption.
"Heritage tree" means a tree of community significance located in the City on public or private property designated by the City in accordance with the following criteria: that is one of the oldest and largest of its species; is of unique form or species; has historic significance due to an association with an historic building, site, street, person or event; or is a defining landmark or significant outstanding feature of a neighborhood. The designation of a heritage tree on private property requires the written consent of the private property owner in a form deemed sufficient by the City Attorney.
"Injury" means any damage to a tree resulting from any activity, including, but not limited to, excessive pruning, cutting, topping, trenching, excavating, altering the grade, paving or compaction within the tree protection zone, including deliberate damage such as vandalism.
"Maintain" or "maintenance" means pruning, spraying, fertilizing, watering, treating for disease or injury or other similar acts which promote the growth, health, beauty, and the life of trees. "Park" means and includes any park owned, operated and/or maintained by the City of Redondo Beach.
"Parkway" means the strip of ground in the City right-of-way between the sidewalk and street, and may also refer to a landscaped area between the street-most edge of a private property and the start of the City street pavement.
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"Pruning" means the selective removal of plant parts to meet specific goals and objectives.
"Public nuisance" means an individual tree or shrub on public or private property that in the opinion of the City Arborist is likely to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, gutters, sewers, or other public improvements, including above and below ground utilities or constitutes an unacceptable risk to the public or nearby public or private property. "Public places" means and includes all grounds, other than streets or parks, owned by, leased to, or otherwise under the control of the City of Redondo Beach.
"Risk" is the combination of the likelihood of an event and the severity of the potential consequences.
"Shrub" means and includes any woody perennial plant commonly achieving a height of less than 10 feet in height at maturity and usually having multiple stems.
"Street tree" means and includes any woody perennial plant typically having a single trunk commonly achieving 10 feet in height or greater at maturity and capable of being pruned to develop a branch-free trunk at least nine feet in height and that is located within City rights- "Topping" means the reduction of tree size using internodal cuts without regard to tree health or structural integrity. Topping is not an acceptable pruning practice.
"Tree plan" means a plan adopted by the City Council for a City street, park or other public area which establishes the species, spacing and maintenance of trees to be planted along a particular street or in a geographic area, as designated by that plan.
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"Tree protection and preservation plan" means a plan that outlines measures to protect and preserve trees on a project. This plan shall include requirements for preconstruction; treatments during demolition and/or construction; establishment of a tree protection zone; tree monitoring and inspection schedule.
"Tree protection zone" means the dripline area around a tree within the tree canopy or as determined by the City Arborist where no soil disturbance or other activity is permitted unless otherwise approved by the City Arborist.
"Urban forest" means the trees and shrubs that comprise the tree canopy in the City's rights-of-way, streets, parks, and under the circumstances specified in this ordinance, private property. "Urban Forest Management Program" means the ordinances, policies and procedures as approved by the City that provide direction and goals regarding the planting, maintenance, care, and protection of trees.
13-1.04 City Arborist. The City Manager shall designate a City Arborist, who shall serve as the City's expert and shall advise the City Manager and all departments on urban forestry matters. In addition to the authority granted in this ordinance, the City Arborist shall have the authority to bring disagreements or conflicts related to the City's tree responsibilities to the City Manager, who shall direct the issue to the relevant City Commission, Committee, and/or the City Council for resolution as he or she deems appropriate. The City Arborist shall have the authority to formulate and publish a master tree list and tree plan subject to City Council approval. The City Manager may fill the City Arborist position through assignment to existing staff, new recruitment, or contract, consistent with approved budget and personnel guidelines. The City Arborist shall also serve as staff liaison to the Urban Forest Commission. The City Arborist shall serve at the pleasure of the City Manager or designee exclusively.
13-1.05 Violations and Violations of this chapter shall be punishable as provided by Chapter Penalties. XX of the Redondo Beach Municipal Code. Each day of violation constitutes a separate offense. Nothing in this section shall limit the City's ability to seek restitution for damage to City trees or shrubs or heritage trees in accordance with valuation methodologies as outlined in the City's Urban Forest Administrative Manual and additional penalties as established by law in the State of California. 5 of 12 4/6/21
13-1.06 Nuisance Any tree or shrub on a City parkway not planted with an approved City Abatement. of Redondo Beach encroachment permit, nor conforming to the Approved Tree Species Master List and/or Landscaping Ordinance (at the time of the planting) may be considered to be a nuisance, and may be required to be pruned or removed at the expense of the individual : or entity that caused said planting.
13-1.07 Severability. If any one portion or section of this title shall be determined to be invalid, the remaining portions or sections shall remain in full force and effect.
Chapter 2
Urban Forest Husbandry
13-2.01 Species, All trees to be planted in City rights-of-way, parks, or other public Cultivars, and Varieties. spaces shall conform to approved tree palettes identified in adopted City and Community Master Plans, General Plans, specific plans, and tree plans, and as reflected in the Approved Tree Species Master List contained in the Urban Forest Management Program. Exceptions may be granted subject to recommendation by the UFC and the review and approval of the City Arborist. The initial Approved Tree Species Master List shall be reviewed and approved by the City Council. Minor revisions may be made by the City Arborist following review by the UFC.
13-2.02 Maintenance All City trees shall be maintained in accordance with the City's Urban and Preservation. Forest Management Program, which will be reviewed periodically by the UFC. The City shall consider the long-term sustainability of the tree canopy in various areas of the City and proactively maintain and/or remove trees in a manner that promotes the long term sustainability and enhancement of the City's urban forest. The City will use best practices to protect existing trees from the impacts of development and maintenance projects.
13-2.03 Pruning and Pruning of City trees and heritage trees must conform to the pruning Maintenance of City practices specified in the Administrative Manual. Pruning of heritage Trees and Heritage trees other than minor maintenance pruning must be approved by the Trees. City Arborist.
Any spraying or application of pesticides will be in accordance with the City's Integrated Pest Management Program.
Tree topping of any City tree or heritage tree shall be prohibited, unless authorized by the City Manager in writing after consultation with the City Arborist.
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All woody and leaf materials resulting from the pruning operation must be properly recycled.
13-2.03 Removal of City Unless authorized by the City Arborist, no person shall remove any City Trees or Heritage Trees. tree or heritage tree. In addition to the requirements in this section, removals of a heritage tree require a public hearing before the Planning Commission. If a complete heritage tree application has been received by the Planning Commission but not yet acted upon, no removal shall take place until the application for heritage tree status has been considered by the Commission. Except in cases of emergency as determined by the City Manager or designee, a public notification shall be required prior to the planned removal of any City tree or heritage tree with a diameter greater than six inches measured at 54 inches above finish grade (DSH). Such notification shall at a minimum consist of placing two signs no less than 12 inches wide by 18 inches high and visible from at least two directions in the immediate vicinity of each City tree or heritage tree to be removed no less than 14 calendar days prior to the scheduled removal. The notification shall include the reason for the proposed removal and shall include a link to further information on a City website, including how to appeal the proposed action: Unless preserved as required by Section 13-2.4, any City tree or heritage tree removed shall have its stump removed to a depth at least 16 inches below the adjacent ground level, or as determined by the City Arborist. If appropriate as determined by the City Arborist, a minimum of one replacement tree of a type, size, and location shall be planted
13-2.4 Preservation of Individuals, groups, City appointees or elected officials requesting to Stumps for Artistic preserve a stump or trunk for artistic purposes must make a request to Purposes. the City Arborist. The City Arborist will evaluate the stump or trunk for suitability to ensure that it is structurally sound, free of rot, disease or insect infestation and will not adversely impact City or private infrastructure, persons or property. If the City Arborist finds that a stump or trunk is a suitable candidate, the City Arborist will forward the application to the City Public Art Commission. If an application has been received by the City Arborist, the decision on removal or other disposition shall be delayed pending a decision of the Public Art Commission to either reject the application or forward it to the City Council for final determination.
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13-2.5 Protection of Every effort should be made to protect trees during construction. If Trees. construction activity or the movement of equipment is to take place within the dripline area of any City tree or heritage tree, a fenced tree protection zone shall be established by the City Arborist, except that the fenced area shall not include private property. No person shall store any equipment, store any solid or liquid waste materials, or any other liquids which may be injurious to a tree, nor excavate any ditches, tunnels, trenches or drive within the tree protection zone.
Should a construction project on private property involve digging, excavating or trenching within the tree protection zone, a Tree Protection and Preservation Plan must be prepared by the property owner and approved by the City Arborist.
Nothing in this chapter prevents a private property owner from the ability to develop his or her property.
13-2.6 Restoration of
Trees.
A. Prior to the sale, transfer of title or transfer of 25% or more share of a parcel, the owner(s) shall
i. Submit an adjacent public tree certificate of
compliance to the City Arborist or City
Manager's designee within three days of an
executed real estate contract.
ii. Complete an application to replace a parkway
tree should the contiguous parkway not contain
a street tree.
ili. If the contiguous parkway, or right-of-way is not
suitable for a street tree as determined by the
City's Arborist, apply for an in-lieu of parkway
tree fee. The in lieu of fee shall be paid no more
than once every XX years.
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B. Agreement by applicant for building permit to plant trees in the public right-of-way. In every application for permit to construct a new building or an addition to an existing addressed building that is greater than XXX square feet, the applicant shall agree to plant trees, or pay the City for the planting of trees, in the public parkway to complete the City's tree planting pattern.
The location of trees, species, and size shall be shown in the submitted plans or drawings and shall conform to City
specifications, codes, ordinances, and rules and regulations. 13-2.7 Approval Unless performed pursuant to a City maintenance plan, or as part of an Required. approved development, any work performed in the City's rights-of- way, parks, or other public areas shall require the written approval of the City Arborist before committing any of the following acts:
A. Removing, cutting, pruning, breaking, injuring, defacing, or in any other way interfering with any tree, or any part thereof, either above or below the ground.
B. Planting any tree or shrub not identified on the Approved Tree Species Master Tree or Council-adopted tree plan (if applicable).
C. Spraying (or otherwise applying) any chemical on any tree or shrub.
D. Securing any rope, wire, sign, or other device on or about such tree or shrub.
E. Removing or injuring any guard or device intended to assist in the growth and health of a tree or shrub.
F. Closing or obstructing the base or branch of a tree or shrub that may limit the ability of the tree or shrub to grow or absorb water or nutrients.
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4/15/21
G. Nothing in this chapter shall preclude a property owner from maintaining the parkway in front of his or her property as may be required by law.
H. Any tree, shrub, or part thereof in the City that interferes with the use of any public street, park, or public place, or is unsafe and constitutes a risk to the life, health, safety, or property of the public, or constitutes a center of infection for disease or insects that may endanger the health and life of other trees or shrubs shall be declared a public nuisance by the City Arborist and the owner thereof shall be required to correct or remove it. The property shall be posted with a minimum of two signs no less than 12 inches wide by 18 inches high and visible from at least two directions in the immediate vicinity of the nuisance, giving notice of the required abatement, and the owner shall be notified in writing via certified mail by the City Arborist or designee of the existence of such public nuisance and be given 30 days for its correction or removal. If not corrected or removed within the time allowed, the City Arborist shall cause said nuisance to be corrected or removed at once and initiate action necessary to defray all cost resulting therefrom.
Chapter 3 ROW
Husbandry
13-3.01 The parkway's length shall be a maximum of 50% of the adjacent lot's frontage, or no less than the adjacent lot's frontage minus 19 feet, whichever is more.
: 13-3.02 The owner or person in control of property contiguous to the parkway shall be responsible for watering and fertilizing parkway trees and for routine care of the parkway plantings. Routine care of the parkway shall include periodic watering, weeding and mowing, as well as replacement of vegetation that dies. The owner of property contiguous to the parkway shall replace anv parkway trees required to be installed pursuant to Sec. 13-2.6 in the event of the death ot any trees resulting from the failure to water or fertilize as required herein. An application to replace the tree shall be submitted within 180 days of the death of the tree.
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13-3.03 Alterations to the size of medians, parkways, traffic islands and other space containing planting areas shall be approved by the Urban Forestry Commission. Exception driveway aprons are not subject to review
Title 2
Chapter 9 Article 9
Urban Forestry Commission
2-9.901 Created. There is hereby created an Urban Forest Commission. 2-9.902 Appointment (a) The Commission shall consist of seven (7) members. Unless and terms of member otherwise authorized by the City Council, one member shall be appointed from each Council district and two (2) members shall be appointed at large.
(b) The original term of one member shall expire on September 30, xxxx; the original term of two (2) members shall expire on September 30, xxxx; the original term of two (2) members shall expire on September 30, xxxx; and the original term of two (2) members shall expire on September 30, xxxx.
2-9.903 Powers and The Commission shall advise the Mayor and City Council in all matters duties. relating to urban forestry, capital improvement programs pertaining to urban forests, shall review and provide comments on City plans and policies related to urban forestry, including updates to the various aspects of the City's Urban Forest Management Program and Administrative Manual, and, shall among other things:
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(a) Review and provide comments on tree plans prior to
consideration by the City Council.
(b) Review and provide comments on the Approved Tree Species Master List prior to consideration by the City Council. (c) Review and provide comments to the City Arborist on proposed City tree removals except in the case of emergency removals. (d) Advise City staff regarding programs of public outreach and education in order to promote public understanding of the City's urban forest, including programs to celebrate and promote Arbor Day.
(e) Review and consider heritage tree applications in consultation with the City Arborist, and shall make recommendations to the Planning Commission. F. Review and provide comments to the City Arborist on proposed changes to the City's Urban Forest Management Program
(f) Inventory existing trees on public property.
(g) Study and advise on best practices.
(h) Identify and support grant applications by the City. (i) as directed by the City Council and in such other matters as may also be directed by the City Council.
Title 10
Chapter 2
Article 5 Parking Regulations
Sec. 10-2.1704(b)(4)(e) Driveway approaches created from parkways shall comply with Section 13-2.01
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TREE PROTECTION ZONE/TPZ
Each tree to be retained shall have a designated TPZ identifying the area sufficiently large enough to protect the tree and roots from damage. The tree protection zone to be determined by City Urban Forestry Manager or designee. The protecting fencing shall serve as the TPZ TPZ with chain link 6 feet high, fences to be mounted on two-inch diameter galvanized iron posts driven in to the ground to a depth of at least 2 feet at no more than 10 ft spacing.
The following activities are prohibited within the TPZ
• Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous materials on or around tree and roots, poisonous materials include, but not limited to paint, petroleum products, concrete or stucco mix, dirty water or any other material which may be deleterious to tree health.
• Cutting of tree roots, by trenching, foundation, digging, placement of curbs and other miscellaneous excavation without prior approval of the Urban Forestry Manager or designee.
• Soil disturbance or grade change.
• Contractor shall notify City Urban Forestry Manager or designee 24 hours in advance of any activity taking place inside the TPZ. • No mechanical digging. Severing roots greater than 2-inch requires City approval.
BLUE FOLDER ITEM
lue folder items are additional back up material to administrative reports and/or publ amments received after the printing and distribution of the agenda packet for receive and fi
CITY COUNCIL MEETING
AUGUST 17, 2021
N.6. DISCUSSION AND POSSIBLE ACTION REGARDING
CONSIDERATION TO ESTABLISH A TREE ORDINANCE
FOR PUBLIC RIGHT OF WAY AND PRIVATE PROPERTY
TREES
PowerPoint presentation
Additional correspondence received
DISCUSSION AND POSSIBLE
ACTION REGARDING
CONSIDERATION TO ESTABLISH
A TREE ORDINANCE FOR PUBLIC
RIGHT OF WAY AND PRIVATE
PROPERTY TREES
August 17, 2021
Background
- March 12, 2019 Council Reviewed Current Tree
Care Procedures
- February 18, 2020 Council Reviewed Manhattan
Beach Tree Ordinance
- March 17, 2020 Budget Response Report on
Tree City USA Program
- April 20, 2021 Council Referred Tree Ordinance
to Staff
Tree Trimming
Tree Trimming
- Performed by Outside Vendor
- City Divided into Four Grids
- Most Trees Trimmed Every Four Years
- Heavily Traveled Corridors - Trimmed Every Two Years
- Out of Grid Requests Evaluated Case by Case
Tree Removal
- Urban Forest Protected Whenever Possible
- Removal Requests Evaluated by Staff Arborist
- Removals Approved only if Conditions Exist
Dead/Dying Trees
Removal Criteria -
Non Development-Related
- Tree Health Issues
- Damage to Infrastructure
- Safety Hazards
- Removals Not Approved for View Preservation,
Maintenance Issues or Tree Age
Tree Health
Removal Requests - Development-Related
- Typically Related to Driveway Obstruction
- Must be Significant Impediment
- No Other Reasonable Alternatives
- If Approved, Developer/Owner Pays Fee Equal to
Value of Tree
Tree Planting
- Funded by Tree Enhancement
Account
- Staff Identifies Appropriate
Locations
- Goal: Plant 100 Trees Per Year
(102 planted during FY 20/21)
- Tree Planting Required for
Development Projects
10 Draft Template Ordinance
- Encinitas Template/Resident Suggested Ordinance
- More Applicable for Cities that Allow Residents to
Trim/Remove/Plant Trees on Public Property
- Redondo Beach - Only City (and City Contractors)
Maintains Street Trees
11 Ordinance Element - Designated Staff Person
- Encinitas Template: Create City Arborist Position
- Current Practice: Urban Forestry Manager (Certified
Arborist) Handles Tree Issues
- Recommendation: Maintain Current Practice
12 Ordinance Element - Commission Review
- Encinitas Template: Create Urban Forestry Commission
- Current Practice: Decisions Made by Urban Forestry
Manager/Public Works Director.
Referred to Council if Necessary
- Recommendation: Refer to Public Works Commission
and/or City Council if Necessary
13 Ordinance Element - Protected Tree
Designation: Public Property
- Encinitas Template: Create Heritage Tree Designation
- Current Practice: All Trees Protected
- Recommendation: Maintain Current Practice
14 Ordinance Element - Protected Tree
Designation: Private Property
- Encinitas Template: Create Heritage Tree Designation
- Current Practice: Not Addressed in Municipal Code
- Recommendation: Refer to Community Development
Department/Planning Commission
Ordinance Element - Protection of Trees
During Construction
- Encinitas Template: Require Fenced Tree Protection
Zones
- Current Practice: Tree Protection Zone Guidelines
- Recommendation: Require Builders to Notify Public
Works When Working in Tree Area
16 Ordinance Element - Adding Trees During
Construction/Property Sale
- Encinitas Template: Require Tree(s) Planted with
Building Permit or Sale of Property
- Current Practice: No Written Policy. Public Works
Requires Plantings where Appropriate
- Recommendation: Require for Construction/Not for Sale 17 Conclusion/Recommendation
- Review Existing Procedures
- Discuss Encinitas Template
Ordinance Elements
- Provide Direction on Policies &
Procedures to be Included in
Ordinance or Policy Document
APARTMENT ASSOCIATION' OF GREATER LOS ANGELES
AAGLA
"Great Apartments Start Here!"
Janet M. Gagnon, Esq.
Senior Manager, Government Affairs
[email protected]
213.384.4131
August 16, 2021
Via Electronic Mail
Hon. Mayor Bill Brand
and the Members of the City Council
415 Diamond Street
Redondo Beach, Califomia 90277
RE: Discussion and Possible Action Regarding Consideration to Establish a Tree Ordinance for Public Right of Way and Private Property (Agenda Item N6)
Dear Hon, Mayor Brand and the Members of the Redondo Beach City Council:
At the August 17th City Council meeting, the City Council will consider a proposal for the drafting of a new tree ordinance that would substantially damage private property rights for all property owners within the City of Redondo Beach. The Apartment Association of Greater Los Angeles (AAGLA or Association) urges the City Council to reject all provisions within the ordinance related to private property and private property owners, including all of Section 13-2.6(A) and relevant language in Section 13-2.03.
AAGLA represents more than 10,000 rental housing providers throughout Los Angeles, San Bemardino and Ventura counties, including Redondo Beach. Many of our members are small business "mom and pop" owners that rely on their property to provide retirement income. Some are retired fire fighters, police officers and teachers. They provide some of the most affordable rental housing in Redondo Beach, While we understand the City's desire to maintain trees that it has planted for the benefit of all residents, it is unfair to require private property owners to incur the costs of providing additional trees at time of sale or pay an in-lieu fee and to restrict their ability to properly and timely address trees located on their own property. To do so creates a new burden on private citizens for the public good at a time when residents are already extremely financially burdened.
The COVID-19 pandemic has caused severe financial strain being experienced by the City's residents, business owners and rental housing providers. For the last 16 months, many multifamily rental property owners have experienced dire financial circumstances, having collected little, if any, rental revenue and consequently depleting retirement and other savings or financing critical items with credit cards in order to maintain essential building operations with many now facing possible foreclosure and bankruptcy.
APARTMENT ASSOCIATION OF GREATER LOS ANGELES
AAGLA
"Great Apartments Start Here!"
Section 13-2.6 (A) states: "Prior to the sale, transfer of title or transfer of 25% or more share of a parcel, the owners) shall (i) Submit an adjacent public tree certificate of compliance to the City Arborist or City Manager's designee within three days of an executed real estate contract. (ii) Complete an application to replace a parkway tree should the contiguous parkway not contain a street tree. (ii) If the contiguous parkway, or right-of-way is not suitable for a street tree as determined by the City's Arborist, apply for an in-lieu of parkway tree fee. The in-lieu of fee shall be paid no more than once every XX years." This section adds several substantial new burdens onto property owners. First, it requires "public tree certificate of compliance", where to get such a certificate and how much it costs is not stated in the proposed ordinance. However, it is clear is that it would significantly interfere with a real estate transaction by creating a new bureaucratic requirement at time of sale. Second, it would require a property owner to undertake the City's responsibility to purchase and install a new tree in the City's right-of-way (see definition of "parkway" under Section 13-1.03). Third, it would establish an "in-lieu" fee. Once again, the ordinance does not state the specific amount of the fee. Requiring either the installation of a tree or paying an "in-lieu" fee is an unreasonable financial burden on the property owner for a public good According to the Staff report regarding the adding/restoring trees upon sale of a property, "It is not suggested to impose this requirement upon the sale of a property, as it may pose an unfair burden on the buyer." We agree with staff and urge the City Council to adopt their recommendation and remove Section 13-2.6(A) in its entirety.
Further, under Section 13-2.03, it states: "Unless authorized by the City Arborist, no person shall remove any City tree or heritage tree. In addition to the requirements in this section, removals of a heritage tree require a public hearing before the Planning Commission...
As to the protection of designated trees on private property, the Staff report states, "Applying new regulations to private property would impact property rights." We would emphasis that it will severely hamper a future owner's ability to properly address unforeseen problems with the tree. For example, a tree may have ample room at the time of the designation being located near a house. However, over time a large tree can quickly outgrow those parameters and cause substantial foundational, structural and plumbing damage to homes/buildings. By requiring a public hearing, it will unnecessarily delay properly addressing the problem with the tree and potentially cause additional harm and increase the cost of repairs for the private property.
Lastly, Section 13-1.05 states, "Violations of this chapter shall be punishable as provided by Chapter XX of the Redondo Beach Municipal Code. Each day of the violation constitutes a separate offense..." This provision would mean that a property owner in dealing with their own tree on their own property could be subject to significant fines on a daily basis. This seems extremely punitive and would be a substantial disincentive for any property owner to consent to having any tree on their property designated as a Heritage tree.
In conclusion, it is unfair and inappropriate to shift the cost of trees in the City's right-of-way as a public good onto private property owners and to crcate a now bureaucracy at the point of sale for rcal cstate within the City of Redondo Beach especially now as all residents are struggling to financial recover from the
APARTMENT ASSOCIATION OF GREATER LOS ANGELES
AAGLA
"Great Apartments Start Here!"
impacts of COVID-19. Also, the proposed provisions would impose unnecessary and potentially costly delays on private property owners by requiring that they go before the planning commission prior to being able to properly address their own trees in their own yards. Therefore, we urge the City Council to remove all provisions within the ordinance related to private property and private property owners, including all of Thank you for your time and consideration of these matters. If you have any questions, please call me at (213) 384-4131 ext. 307 or contact me via electronic mail at [email protected] Sincerely,
Janet M. Gagnan
Janet M. Gagnon, Esq.
CC: Daniel Yukelson, Executive Director, Apartment Association of Greater Los Angeles
PROPOSED TREE ORDINANCE
IMPETUOUS AND HIGHLIGHTS
PRESENTATION
August 17,2021
Laura MacMorran
SAMPLE SURVEY OF
PARKWAY TREES
District # of Lots # of Lots with % of Lots % of Lots
Counted Trees with Trees w/o Trees
188 147 78%
22%
167 103 62%
38%
140 107 77%
23%
75 31 41%
59%
MEDIAN 69.5% 30.5%
ESTIMATED # OF LOTS WITHOUT
PARKWAY TREES
1992 Land Use Element
Single-family Lots 9,236
Multifamily Lots
Commercial Lots
Institutional Lots
Conservative Est. % w/o a 20%
parkway tree
# of Opportunities to plant 1,847
parkway trees
# OF REDONDO BEACH SOLD
SINGLE FAMILY HOMES
SOLD IN 2020
260
FOR
260 x.20 (conservative estimate of
SH w/o parkway trees)=52 new trees
SALE
102 Trees the City planted in 2020
& the rationale for extending the parkway tree requirement when a property is sold.
AVENUE
PROSPEC
GERTRUDA
Subdivision Requirements: 10-1.707(A) Street trees
-----Original Message--
From: Barbara Epstein
Sent: Tuesday, August 17, 2021 11:56 AM
To: CityClerk <[email protected]>; Bill Brand <Bill. [email protected]>; Todd Lowenstein <[email protected]>; Nils Nehrenheim <Nils. Nehrenheim @redondo.org>; Zein Obagi <[email protected]>; Christlan Horvath Christian. [email protected]>; [email protected]
Cc: Cameron Harding <[email protected]>; Mike Witzansky <Mike. [email protected]>; Michael Klein <[email protected]> Subject: Agenda Items #N-2 SWA Agreement. #N-6. Tree Ordinance [City Logo] ATTN: Email is from an external source; Stop, Look, and Think before opening attachments or links.
Dear Council Members,
In case I can't access Zoom or eComments for tonight's meeting, 1 just want to say thanks for all you do to make Redondo more resident-centered, capable, and more healthy, beautiful, and enlightened.
The SWA Company has some very innovative design ideas to help us move forward with a beautiful make-over for our waterfront. I have checked their website and like their approach.
Great cities have great waterfronts and parks.
The people of Redondo are grateful to the city for finally considering the Tree Ordinance.
Great cities have great trees!
Lots to look forward to, and this is just the beginningi Barbara Epstein
SBPC
RBCG
Sent from my iPad