Administrative
Report
N.1., File # 23-5416 Meeting Date: 1/17/2023
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
DISCUSSION AND POSSIBLE ACTION ON THE DRAFT TREE ORDINANCE FOR REGULATION
OF TREES ON PRIVATE AND PUBLIC PROPERTY AND DIRECTION ON ANY MODIFICATIONS
OR ADDITIONAL PROVISIONS TO BE INCLUDED IN THE ORDINANCE BEFORE IT IS
INTRODUCED FOR FIRST READING
EXECUTIVE SUMMARY
Per direction provided by the City Council on March 15, 2022, staff has drafted an ordinance to provide certain protections for trees on both private property and in the public right of way. The Ordinance includes separate sections for public and private trees as the rules governing each type of tree are significantly different.
Notable components of the Ordinance include a protected “Heritage Tree” designation for certain trees on private property, documentation of existing procedures for protecting public property trees, requirements for removed trees to be replaced with trees of significant size, processes for requests to remove trees, protection of trees during construction activities and significant financial penalties for unauthorized tree removals. This report provides the community and City Council with an opportunity to provide input on the final provisions of the Ordinance before it’s introduced for first reading.
BACKGROUND
On March 15, 2022, the City Council discussed the possibility of creating the City’s first tree preservation ordinance. Concern had been expressed that the City’s urban forest is being compromised by the removal of trees from both private property and the public right of way. The Administrative Report from the March 15, 2022 meeting with all relevant background information is attached. The City Council considered input from the Public Works Commission, Planning Commission and Recreation and Parks Commission and directed staff to draft an ordinance that includes the following:
• The goal of replacing removed trees on a one-to-one basis and regulating the unfettered removal of trees in an effort to preserve and grow a desirable tree canopy in Redondo Beach. • No removal of mature trees from private property front yard setbacks without one-to-one replacement within the same setback with 24” box trees from the City’s favored species list. • No removal of dead, sick or disfavored species trees from private property front yard setbacks
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without one-to-one replacement within the setback.
• In the case of mature trees removed from private property rear yard and side yard setbacks, a fee is paid to the City Tree Enhancement Fund adequate to replace the removed tree. Violation of this section would result in a fine equal to the cost of planting five new 24” box trees plus $15,000. • Replacements for removed trees with an average size of 24” box. • The best aspects from the Manhattan Beach, Encinitas and Beverly Hills tree ordinances, while permitting the City to be flexible and not prohibit redevelopment of old, dilapidated structures and properties due to the presence of trees.
• A small fee paid to the City to cover the cost of replacing trees removed from the public right of way.
• Objective standards for City staff and experts to have reasonable flexibility to uphold the goals of the City.
• A protected “Heritage” tree designation for trees of unique size, age, species or historic significance.
• Lists for favored and disfavored tree species.
• Upon the sale of a property, a requirement to install a 24” box tree in the adjacent parkway if a tree is missing and placement is feasible.
• Civil enforcement rather than criminal enforcement for violations.
The City Attorney’s Office and the Public Works Department have collaborated to develop a draft ordinance for the City Council’s consideration. The Ordinance contains separate sections addressing trees on private property and public property trees. While there are a number of similarities and overlaps, the rules governing each type of tree are significantly different and need to be separated in the Ordinance. The Ordinance contains all the specific elements requested by the Council as well a variety of language common to the tree ordinances from the cities of Encinitas, Manhattan Beach and Beverly Hills.
Notable components of the public property tree section of the ordinance include the following:
• Documentation of the City’s goal to preserve and grow tree canopies and preserve and protect public trees as much as possible.
• Documentation of the procedures currently employed by the Public Works Department to preserve and protect public trees.
• Clarification that public trees may only be trimmed or removed by the City or agents (contractors) authorized and directed by the City.
• Requests for removal of public property trees are reviewed by the Public Works Department.
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Removals are only approved as a last resort, when no other alternatives are available. • An appeal process whereby property owners can seek to overturn administrative tree removal decisions through review by the Public Works Commission. • Justification for removal of public property trees is limited to poor tree health that can’t be rectified, damage or potential damage to infrastructure caused by the tree or presence of a treerelated safety hazard that can’t be mitigated. • One-to-one replacement of removed parkway trees, with minimum 24-inch box trees. • A requirement to install 24-inch box trees in vacant suitable parkway locations when properties are sold. Sections 10-7.707 and 10-2.1900 of the Municipal Code address planting new trees and preserving existing trees in the public right of way and in front yard setbacks when properties are sold, but there are currently no tree-related requirements triggered by the sale of properties. 10-1.707 Trees.
(a) Street trees. Street trees shall be provided by the subdivider in all subdivisions, either within the street right-of-way or within a dedicated planting easement as required by the Commission. The species and size of trees, their installation, and the method of maintenance shall be determined by the Planning Division.
(b) Maintenance of trees on private property. Trees with a trunk diameter six (6) inches or greater, measured at four (4) feet above the ground level, on private property within any subdivision shall be preserved unless the subdivider can demonstrate that their removal is an unavoidable consequence of the subdivision and that he has provided for the replacement of all trees with new trees of equal size and character.
10-2.1900 Landscape regulations
(e) R-1 zone, areas with no parkways. In the R-1 zone, in areas with no parkways, in conjunction with the construction of new homes, existing mature trees in the front yard that are compatible with the proposed development shall be preserved. A specimen tree, twenty-four (24) inch box, or larger shall be planted in the front yard where there are no existing mature trees or to replace existing mature trees that cannot feasibly be saved.
• Establishment of protection zones around trees during construction. • Civil rather than criminal enforcement of violations, including significant financial penalties for unauthorized activities.
Notable components of the private property tree section include the following:
• Establishment of the City’s goal to regulate unfettered removal of private property trees and grow the City’s urban forest.
• A protected Heritage Tree designation, for trees of unique size, species, age or historical relevance.
• A permit process for removal of Heritage Trees, administered by the Community Development
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Department.
• An appeal process whereby property owners can seek to overturn administrative tree removal decisions through review by the Planning Commission.
• A requirement that Heritage trees removed from front yard setbacks be replaced on a one-toone basis within the setback with 24-inch box trees. • A required fee paid to the City’s tree enhancement account for removal of Heritage trees from side and rear yard setbacks.
• Establishment of protection zones around trees during construction. • Civil rather than criminal enforcement of violations, including significant financial penalties for unauthorized activities.
Staff has met with the Redondo Beach residents who originally proposed development of a tree ordinance, Laura MacMorran and Mara Lang, to review the draft Ordinance.
During those discussions, concern was expressed that the draft Ordinance may be too restrictive by regulating trees located in side yard and rear yard set backs on single family and low-density multifamily residential private properties. It was suggested that only trees in front yard setbacks of these properties should be subject to the protections of the Ordinance, as is the case in the City of Manhattan Beach.
It was also suggested that upon issuance of building permits, other than for minor mechanical, electrical or plumbing (MEP) work, property owners should be required to plant a new tree in the public right of way if there is a suitable location that doesn’t contain a tree. Current practice follows the Public Right-of-Way Administrative Policies adopted by City Council on December 5, 2006, which triggers off-site improvements to be conditioned on building permits for demolition and/or construction with an area greater than 50% of existing structures. Today, such off-site improvements include the planting of parkway tree(s) where viable space is available along the property frontage.
A third suggestion was to modify the requirement for planting a parkway tree when properties are sold, to require that a tree be planted in the private property front yard setback in situations where a landscaped parkway is not available. This a new consideration that requires further research by the City Attorney’s Office. If it is the Council’s direction to consider such a provision, staff recommends proceeding with the steps to implement the current draft Ordinance, and allow the City Attorney’s office time to research the possible provision and then return with an Ordinance amendment when ready.
It is recommended that the Council review the draft Ordinance, receive public input, provide edits to the draft Ordinance and direction to introduce the Ordinance for first reading at a subsequent meeting.
COORDINATION
This item was coordinated by the Public Works Department, Community Development Department
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and City Attorney’s Office. The City Attorney’s Office prepared the draft Ordinance.
FISCAL IMPACT
The Tree Ordinance as currently drafted, if implemented, would not incur any new City costs, as the Public Works Department has funding to regularly install parkway trees and to maintain a parkway tree database. If the expanded property sale provision to require the planting of trees in front yard setbacks is incorporated in the Ordinance, the Public Works Department would experience additional field inspection costs.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Draft Tree Ordinance
· Administrative Report - March 15, 2022