Agenda packet — San Carlos City Council, April 11, 2022 (part 2 of 2)

San Carlos Avenue, San Carlos, CA
Tree # Species
DBH (inches)
Vitality
Form
Condition
Ht./ Spread
Visible
Fungus
Decay Assessment
Part
Chance
Target
Priority
Hazard
Rating Comments
1 Blue gum eucalyptus Removed. Tree failed.
2 Blue gum eucalyptus 52.3 50% 100/75 3 3 4 2 10
Fair vigor, poor to fair form, multi at 30 feet with
poor crotcjes, callus formed on trunk, oozing
heavy to South East over home.
3 Blue gum eucalyptus 55 est. 45% 90/70 4 3 4 2 11
Poor vigor, fair form, decline in canopy,
codominant leaders at 15 feet with poor crotch,
decline more than usual from past frost damage.
4 Blue gum eucalyptus 45 est. 45% 80/60 4 3 4 2 11
Poor vigor, fair form, codominant at 10 feet, poor
to fair crotches, decline in canopy more than
usual from past frost damage.
5 Blue gum eucalyptus 55.1 55% 80/50 3 3 4 2 10
Fair vigor, poor to fair form, codominant at 30
feet, heavy lateral limbs, history of limb loss.
6 Blue gum eucalyptus 72.1 60% 75/60 3 2 4 2 9
Good vigor, fair form, multi at 20 feet, heavily
trimmed in past.
7 Blue gum eucalyptus 77.7 50% 95/65 3 3 4 2 10
Fair vigor, poor form, multi at 8 feet with poor
crotches, heavy arching leaders over road,
history of limb loss causing damage.
8 Blue gum eucalyptus 45 est. 45% 70/50 3 3 4 2 10
Fair vigor, poor form, multi leader at 2 feet with
poor crotches, spreading form, history of limb
loss causing damage.
9 Blue gum eucalyptus 45 est. 45% 90/80 3 3 4 2 10
Poor to fair vigor, poor form, multi at 8 feet with
poor crotches, northern leader extend over road,
history of limb drop including vehicle damage.
10 Blue gum eucalyptus Removed. Tree failed.
11 Blue gum eucalyptus Removed. Tree failed.
12 Blue gum eucalyptus 52.4 45% 65/70 4 4 4 1 12
Fair vigor, poor form, canopy one sided to South
East, root crown covered with asphalt, lifted curb
failing.
13 Blue gum eucalyptus 53.4 40% 55/50 X 4 4 4 1 12
PoPoor vigor, poor form, decline in canopy,
large scar on trunk, root crown covered with
asphalt, veruy poor crotch at 6 foot seam.
14 Blue gum eucalyptus 42.4 40% 65/35 2 3 4 2 9
Fair vigor, poor form, topped at 20 feet, decay
and water sprouts from that location, asphalt at
base.
15 Blue gum eucalyptus 32.6 35% 45/40 X 4 4 4 1 12
Poor to fair vigor, poor form, decay on street
side from vehicle damage, oozing from scar,
asphalt to base.
16 Blue gum eucalyptus 30.7 45% 45/35 2 3 4 2 9
Good vigor, poor form, codominanat at 8 feet,
topped in past at 20 feet, decay from topping
point.
17 Blue gum eucalyptus 58 est. 50% 45/65 4 2 4 2 10
Good vigor, poor to fair form, codominanat at 20
feet, restricted root zone on North West side,
steep slope to creek on South East.
18 Blue gum eucalyptus 42.9 50% 90/45 3 3 4 2 10
Fair vigor, poor form, multi leader at 10 feet with
poor crotches, asphalt to base.

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Attachment: Exhibit A to Resolution - MND (Founder Trees)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Tree Survey Kevin R. Kielty
Certified Arborist - WE0476A
650-515-9783

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Tree # Species
DBH (inches)
Vitality
Form
Condition
Ht./ Spread
Visible
Fungus
Decay Assessment
Part
Chance
Target
Priority
Hazard
Rating Comments
19 Blue gum eucalyptus 63.6 50% 90/65 4 3 4 2 11
Fair vigor, poor form, multi leader at 10 feet with
poor crotches, asphalt to base, heavy laterla
limbs to East over creek.
20 Blue gum eucalyptus 38.9 40% 75/40 4 3 4 2 11
Poor to fair form, poor form, decay at base,
asphalt to trunk, codominanat at 8 feet with poor
crotch.
21 Blue gum eucalyptus 64.2 45% 70/40 4 3 4 2 11
Fair vigor, poor form, codominant at 5 feet with
poor crotch, decay at base.
22 Blue gum eucalyptus Removed. Tree failed.
23 Blue gum eucalyptus 60 50% 85/50 2 3 4 2 9
Good vigor, poor form, topped in past at 35 feet,
watersprouts from that location.
24 Blue gum eucalyptus 38.5 50% 75/50 2 3 4 2 9
Good vigor, poor form, topped in past at 35 feet,
watersprouts from that location.
25 Blue gum eucalyptus 71.4 45% 85/60 4 3 4 2 11
Good vigor, poor form, decay on trunk, vehicle
damage, multi at 15 feet.
26 Blue gum eucalyptus 66.5 45% 75/45 4 3 4 2 11
Good vigor, poor form, decay on trunk, vehicle
damage, multi at 15 feet
27 Blue gum eucalyptus Removed. Tree failed.
28 Blue gum eucalyptus Removed. Tree failed.
29 Blue gum eucalyptus 79.6 50% 90/50 4 3 4 2 11
Good vigor, poor form, topped in past at 15 feet,
multiple leaders from that point, poor leader
attachments.
30 Blue gum eucalyptus 90.4 50% 90/60 4 3 4 2 11
Good vigor, poor form, topped in past at 15 feet,
multiple leaders from that point, poor leader
attachments, decayed area on Wesdtern trunk.
31 Blue gum eucalyptus Removed. Tree failed.
32 Blue gum eucalyptus Removed. Tree failed.
33 Blue gum eucalyptus Removed. Tree failed.
34 Blue gum eucalyptus 46.8 50% 85/60 4 2 4 2 10
Fair vigor, fair form, multi leadr at 10 feet,
heavily trimmed in past on South East side,
including large limb removal.
35 Blue gum eucalyptus 14.9 40% 35/25 4 2 4 2 10
Fiar vigor, poor form, topped repeatedly in past
on steep bank above creek.
36 Blue gum eucalyptus

29.8-10.9-
11 40% 35/30 2 2 2 2 6
Fair vigor, poor form, re-sprout from previous
removed tree on steep bank above creek,
topped repeatedly, volunteers from original
street planting.
37 Blue gum eucalyptus

11.4-10.4-

13.6 40% 35/30 2 2 2 2 6
Fair vigor, poor form, resprouted from previously
removed trees, on creek bank above creek,
volunteers from original street planting.
38 Blue gum eucalyptus Removed. Tree failed.
39 Blue gum eucalyptus 36.3 50% 75/50 2 3 4 2 9
Fair vigor, poor form, codominant at 1 foot with
poor crotch, debris piled on base.
40 Blue gum eucalyptus 21.2 45% 70/40 2 3 4 2 9
Fair vigor, poor form, topped at 25 feet,
watersprouts from that point, trunk leans East.
41 Blue gum eucalyptus 65.4 50% 80/120 3 4 3 2 10
Fair vigor, poor form, topped in past at 20 feet,
decay at that point, watersprouts, on steep
slope, root crown buried.

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Attachment: Exhibit A to Resolution - MND (Founder Trees)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Tree Survey Kevin R. Kielty
Certified Arborist - WE0476A
650-515-9783

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Tree # Species
DBH (inches)
Vitality
Form
Condition
Ht./ Spread
Visible
Fungus
Decay Assessment
Part
Chance
Target
Priority
Hazard
Rating Comments
42 Blue gum eucalyptus 24.1 40% 40/45 4 4 4 2 12
Fair vigor, poor form, trunk leans North at 45
degrees over road.
43 Blue gum eucalyptus Removed. Tree failed.
44 Blue gum eucalyptus 69.1 35% 90/60 X 4 4 4 1 12
Fair vigor, poor form, 3 feet wide x 12 feet tall,
decayed area on South East side (advanced),
limited root zone on North West side.
45 Blue gum eucalyptus 28.7 40% 75/50 4 3 2 2 9
Good vigor, poor form, suppressed by #19
heavy to East, target creek landscape.
46 Blue gum eucalyptus 17.8 45% 70/40 3 3 2 2 8
Fair vigor, poor form,suppressed by #44,
volunteer from original planting.
47 Blue gum eucalyptus 22.4 40% 60/45 3 3 2 2 8
Fair vigor, poor form, suppressed by #44,
volunteer from original planting.
48 Blue gum eucalyptus 22.8 50% 80/50 3 3 2 2 8
Good vigor, poor to fair form, suppressed by
#44, tall for DBH, leans South.
49 Blue gum eucalyptus Removed. Tree failed.
50 Blue gum eucalyptus Removed. Tree failed.
51 Blue gum eucalyptus 21.4 45% 70/45 3 4 4 2 11
Poor to fair vigor, poor form, leans North over
road, ivy to 20 feet, shares root zone with #51.
52 Blue gum eucalyptus 18.6 45% 70/45 2 3 4 2 10
Poor to fair vigor, poor form, leans North over
road, ivy to 20 feet, shares root zone with #51.
52A
Blue gum eucalyptus 13.4 40% 35/55 2 3 4 2 10
Poor to fair vigor, poor form, suppressed, leans
North over road, volunteer.
52B
Blue gum eucalyptus 13 45% 35/20 2 3 4 2 9
Fair vigor, poor form, poor location at fence,
leans toward road.
53 Blue gum eucalyptus 50 45% 70/45 4 3 4 2 11
Poor vigor, poor form, topped in past, poor
location on creek bank.
54 Blue gum eucalyptus 40 55% 95/60 2 4 4 2 10
Poor vigor, poor form, heavy lean North over
road.
55 Blue gum eucalyptus Removed. Tree failed.
56 Blue gum eucalyptus 50 55% 100/85 4 3 4 2 11
Poor to fair vigor, poor to fair form, poor location
on creek bank, decline in canopy, ivy on trunk,
heavy leaders to South, home doctor office.
57 Blue gum eucalyptus 55 50% 100/80 4 3 4 2 11
Poor vigor, poor to fair form, heavy lateral limbs
to South East, poor location on creek bank,
home doctor office, ivy on trunk.
58 Blue gum eucalyptus 48 50% 95/85 4 3 4 2 11
Poor to fair vigor, poor form, poor location on
creek bank,shares root zone with #59. target
home or doctor office, ivy on trunk.
59 Blue gum eucalyptus 40 45% 80/75 4 4 4 2 12
Poor to fair vigor, poor form, heavy lean to North
over doctors office, poor location on creek bank,
shares root zone with #58, ivy on trunk.
60 Blue gum eucalyptus Removed. Tree failed.
61 Blue gum eucalyptus Removed. Tree failed.
62 Blue gum eucalyptus 40 55% 85/50 3 3 4 2 10
Good vigor, poor to fair form, multi leader at 12
feet with poor crotches, heavy lateral limbs,
steep slope to home, trimmed by utilities.

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Attachment: Exhibit A to Resolution - MND (Founder Trees)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Tree Survey Kevin R. Kielty
Certified Arborist - WE0476A
650-515-9783

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Tree # Species
DBH (inches)
Vitality
Form
Condition
Ht./ Spread
Visible
Fungus
Decay Assessment
Part
Chance
Target
Priority
Hazard
Rating Comments
63 Blue gum eucalyptus 60 55% 75/50 3 3 4 2 10
Good vigor, poor to fair form, multi leader at 8
feet, poor crotches, trimmed by utilities, steep
slope to home.
64 Blue gum eucalyptus 55 50% 60/45 3 3 4 2 11
Fair vigor, poor form, suppressed by #63, heavy
to South, steep slope to home.
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 9.a.2
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Attachment: Exhibit A to Resolution - MND (Founder Trees)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree San Carlos Avenue/3/16/17 (9)

Glossary

Adventitious Arising from parts of the root or stem and having no connection to apical meristems

Air Excavator A device that directs a jet of highly compressed air to excavate soil.

ANSI An acronym for American National Standards Institute.

ANSI
A300 In the United States, industry developed national consensus standards of practice for tree care.

Bifurcation A natural division of branch or stem into two or more stems or parts.

Branch union A point where a branch originates from the trunk or another branch. Fork.

Crotch.

Brown rot A fungal wood rot characterized by the breakdown of cellulose.

Buttress roots Roots at the trunk base that help support the tree and equalize mechanical stress

Butt rot Decay of the lower trunk, trunk flare or buttress roots.

Cabling Installation of steel or synthetic cable in a tree to provide supplemental support to week branches or crotches.

Canker A dead, discolored, often sunken area (lesion) on a branch, root, stem or trunk.

Canopy The part of the crown composed of leaves and small twigs.

Cavity Open or closed hollow within a tree stem, usually associated with decay.

Compartmentalize Natural defense process in trees which chemical and physical boundaries are created that act to limit the spread of disease and decay organisms.

Decay An area of wood that is undergoing decomposition.

Epicormic shoot Shoot arising from latent or adventitious bud (growth point).

Eradicate Total removal of a species from a particular area. May refer to pathogens,

insects, pests or unwanted plants.

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III) 2 3
4 5
6 7
2 3
8 5
3 10
3 8
9 2
2224
2316
2308
2300
2244
2236
2228
House numbers in black
Tree numbers in red
2220
2212
2208
2204
2200
100
2148
2140
2132
2124
2108
304
305
2084
2076
2030
2052
1 28a
29 31
32 33
1 30
10 11

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree House numbers in black
Tree numbers in red
1976
1966
1956
1914
1902
1866
1848
1842
1826
28 27
12 13
42 43
44 45
40 41
54 38
14 15
16 17
18 19
20 21
22 23
24 25
26 34
35 36
37 39
46 47
48 49
50 51
52 53
55 56
57 58
1978
1966

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree San Carlos Avenue/3/16/17 (10)

Hypoxylon Black hemispherical fruiting bodies that develop on the surface of dead bark or wood. The fungus causes a white rot of the sap wood of living trees and dead wood.

Included bark Bark that becomes embedded in a crotch between branch and trunk or between codominant stems. Causes week structure.

Infectious Capable of being spread to plants from other plants or organisms.

Lateral Secondary or subordinate branch or root.

Live crown ratio
Ratio of the height of the crown containing live foliage to the overall height of the tree.

Mycelium Vegetative body of a fungus.

Watersprout Upright, epicormic shoot arising from the trunk or branches of a plant above the root graft or soil line.

References

(1) Harris, Richard W, Clark, James R, Matheny, Nelda P Arboriculture, Third Edition Prentice Hall 1999.

(2) Matheny, Nelda P, Clark, James R Evaluation Of Hazard Trees In Urban Areas Second Edition International Society of Arboriculture 1994

(3) Dreistadt, Steve H., Pests of Landscape Trees and Shrubs, An Intergrated Pest Management Guide, Second Edition. Agriculture and Natural Resources Publication 3359, 2004.

(4) International Society of Arboriculture, Glossary of Arboricultural Terms. 2006

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III) Kielty Arborist Services
P.O. Box 6187
San Mateo, CA 94403
650-515-9783

ARBORIST DISCLOSURE STATEMENT

Arbo
rists are tree specialists who use their education, knowledge, training and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or seek additional advice.

Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like a medicine, cannot be guaranteed.

Treatment, pruning, and removal of trees may involve considerations beyond the scope of the arborist’s services such as property boundaries, property ownership, site lines, disputes between neighbors, landlord-tenant matters, etc. Arborists cannot take such issues into account unless complete and accurate information is given to the arborist. The person hiring the arborist accepts full responsibility for authorizing the recommended treatment or remedial measures.

Trees can be managed, but they cannot be controlled. To live near a tree is to accept some degree of risk. The only way to eliminate all risks is to eliminate all trees.

Arborist: ____________________________
Kevin R. Kielty

Date: April 17, 2017

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III) San Carlos Ave Eucalyptus Tree Removal - PHASE III, No. C1722

APPENDIX C

MITIGATION MONITORING AND REPORTING PROGRAM

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III) San Carlos Ave Eucalyptus Tree Removal - PHASE III, No. C1722

APPENDIX D

APPLICABLE STANDARD PLANS

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III) The City of Good
Living

CITY OF SAN CARLOS, CALIFORNIA STANDARD DETAIL

STANDARD CURB & GUTTER
A.C. BERMS & SIDEWALK 6

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III) The City of Good
Living

CITY OF SAN CARLOS, CALIFORNIA STANDARD DETAIL
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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III) San Carlos Ave Eucalyptus Tree Removal - PHASE III, No. C1722

APPENDIX E

DAILY WORK REPORT FORM

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

DAILY WORK REPORT
Project Name: File No.: Date:

Contractor: Foreman: Weather:

Item # Description Unit New and Unforeseen Work [ ] None [ ] Yes, describe:

Equip. # Description Hours Hourly Rate Ext. Amount Emp. # Employee Name Hours Hourly Rate Ext. Amount

SUBTOTAL COST OF EQUIPMENT
Inv. # Description Unit Unit Cost Ext. Amount

SUBTOTAL COST OF MATERIALS SUBTOTAL COST OF LABOR
Inv. # Description Amount Subsistence
Travel Expense
Other

TOTAL COST OF LABOR

SUBTOTAL COST OF WORK DONE BY SPECIALISTS
+ 3% on labor

TOTAL COST OF EQUIPMENT, MATERIALS AND WORK
+ 15% on equipment and material
+ 5% on work done by specialists
Contractor Foreman Date CS & Reviewed By Date TOTAL COST

MATERIAL
WORK done by specialists
LABOR

CONTRACT WORK PERFORMED
Survey Station

DIARY AND REMARKS

EQUIPMENT

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

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Attachment: San Carlos Ave Eucalyptus Tree Removal Project Plans and Specs (SC Ave Eucalyptus Tree Removal - Phase III)

CITY COUNCIL

STAFF REPORT

MEETING DATE: April 11, 2022

ITEM TITLE: Receive a Report on the Eucalyptus Ave Holiday Celebrations Measures.

RECOMMENDATION:

Staff recommends that the City Council receive a report on the measures taken by the City during the month of December 2021 to address traffic, safety, and security concerns related to holiday celebrations by residents on Eucalyptus Avenue and provide staff feedback on how the City should address these same issues in December 2022.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with this report. It is for informational purposes only.

BACKGROUND:

Beginning in April 2021, in response to feedback from the community, the City Council sought to understand and address the impacts of the annual holiday celebrations on Eucalyptus Avenue during the month of December each year. The City received public input from community meetings held on May 26, 2021 and June 8, 2021. In addition, this topic was discussed at the April 12, 2021, September 13, 2021, and October 11, 2021 City Council meetings.

Based upon community feedback, staff recommendations, and Council discussions, the City Council appropriated $150,950 from the General Fund Unassigned Fund Balance in Fiscal Year (“FY”) 2021-22 to im plement several recommended solutions. These solutions included: traffic control devices; police staffing; security staffing; parking and parking attendants; and, portable restroom facility and trash receptacle rental, delivery, removal, and maintenance.

These measures were implemented every Friday, Saturday, and Sunday during the month of December, plus the three days leading up to December 25, 2021.

ANALYSIS:

Community Input
Community members were given an opportunity to provide their input on the Eucalyptus Avenue holiday celebrations at two virtual community meetings on May 26 and June 8, 2021. These identical meetings were led by Communications Consultant Shawn Spano and featured presentations from Parks & Recreation, Public Works, the Sheriff’s Of fice, the Fire Department, and the City Attorney, followed by small breakout group discussions.

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2 The virtual meetings were publicized on the City website, social media channels, Nextdoor, and via e -Notify. Approximately 200 community members participated across both meetings, and shared their input, concerns, and possible solutions.

Council Action
Based upon the feedback received at the two community meetings, City staff recommended the implementation of police staffing, security staffing, traffic contro l devices, and portable restroom facility and trash receptacle delivery, removal, rental, and maintenance on and around Eucalyptus Avenue during the month of December. The City Council adopted Resolution No. 2021-087 at its September 13, 2021 meeting and appropriated $110,550 from the General Fund Unassigned Fund Balance for FY 2021-22 to approve and fund staff’s recommended solutions.

In addition, at its October 11, 2021 meeting, the City Council adopted Resolution No. 2021 -101 to appropriate $40,400 fr om the General Fund Unassigned Fund Balance for FY 2021 -22 to fund parking facility rentals and parking staff to mitigate parking and traffic issues related to the holiday celebrations.

In total, the City Council appropriated $150,950 from the General F und Unassig ned Fund Balance in FY 2021-22: $110,550 in Resolution No. 2021 -087 (see Attachment 1) and $40,400 in Resolution No. 2021-101 (see Attachment 2).

2021 Holiday Season Changes
Based on the adopted Resolution s, the following actions were taken by the City to address the health, traffic, and safety impacts of the month -long holiday celebrations on Eucalyptus Avenue in December 2021.

Police Staffing
To deter unwanted behavior and help with crowd control, $32,000 was allocated for police staffing to patrol Eucalyptus Avenue and the surrounding neighborhood.

The San Mateo County Sheriff’s Office provided Sheriff Deputies (44 hours worked) and Community Service Officers (60 hours worked) to patrol Eucalyptus, working a total of 104 hours in December 2021.

The Sheriff’s Office responded to 10 calls for service and issued two citations during this time (one for soliciting without a permit and one traffic citation for failing to yield to a pedestrian).

The Sheriff’s Office’s call list is attached to this report as Attachment 3.

Budget: $32,000
Cost: $32,000

Private Security Staffing
In addition to patrols by the Sheriff’s Office, $17,000 was allocated for additional private security staffing. Officers from Columbus Private Security provided suppleme ntal patrols, helping the Sheriff’s Office to provide a law enforcement presence on Eucalyptus Avenue.

Budget: $17,000
Cost: $11,136

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3 Traffic Control Devices
To help alleviate traffic congestion, $50,000 was allocated to provide traffic control devices o n Eucalyptus Avenue and the surrounding neighborhood.

The San Carlos Public Works Department deployed continuous traffic control measures to make the entire length of Eucalyptus Avenue one -directional (westbound) from December 3 to December 27. Signboards and barricades were placed at each end of Eucalyptus Avenue, while electronic message boards were used on Alameda de las Pulgas and Brittan Avenue to advise community members of the closure and to suggest alternate routes.

Budget: $50,000
Cost: $50,356

Portable Restrooms & Trash Receptacles
To address sanitation concerns, $11,550 was allocated to provide portable restroom facilities and trash and recycling receptacles along Eucalyptus Avenue.

A handicap-accessible portable toilet was placed at three locations in the neighborhood – in the St. Charles Catholic Church parking lot, at Brittan Acres School, and on Eucalyptus Avenue. All of the portable toilets were cleaned and serviced at the end of each evening.

Three sets of trash and recycling recept acles were placed on each block of Eucalyptus Avenue (six sets total) and were emptied and serviced daily.

Budget: $11,550
Cost: $4,474.47

Parking
The City acquired permission from St. Charles Catholic Church at 880 Tamarack Avenue, Brittan Acres Schoo l at 2000 Belle Avenue, and Arroyo School at 1710 Arroyo Avenue to use their parking lots or playground in the evenings to provide additional off -site visitor parking.

Signage was placed at the entrance of the parking lots, informing community members and visitors that free parking was available from 6:00 p.m. to 10:00 p.m. daily. Temporary lighting was added in the parking lots and Wayfinding signs were posted to direct pedestrians towards the Eucalyptus Holiday Lights area.

Attendants reported that 28 ca rs used the lots for Eucalyptus celebration parking during the month of December.

Budget: $40,400
Cost: $51,124.15

Eucalyptus Avenue Holiday Season 2021 Budget Totals:

Total Budget: $150,950
Total Cost: $149,090.62

Community Input on 2021 Changes
Feedback from the community on the changes put into place for the 2021 holiday season were mixed.

Common themes of comments in favor of the 2021 changes:

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4  Community members felt that the new measures went “a long way in mitigating the biggest frustrations pe ople who live on or around the street experience” during the holiday season.
 Some felt that the traffic measures taken “helped residents greatly.”  Others appreciated the additional trash and recycling pickup to help keep Eucalyptus Avenue clean.
 Many c ommunity members expressed gratitude for “the City’s hard work on these difficult issues.”

Common themes of comments critical of the 2021 changes:

 Some community members were displeased with the placement of the portable restroom on Eucalyptus Avenue wh ile others noted that anything “diminishing the experience” should be removed.
 An “unintended consequence” of the placement of the portable restroom was also voiced, with several community members noting that it created a blind spot for drivers when visitors crossed the street from behind the restroom.  Some community members expressed displeasure at the cost of providing additional security, traffic, and sanitation services, questioning whether these additions were worth the cost.

2022 Holiday Season
The 2021 actions taken by the City to alleviate health, traffic, and safety concerns related to the annual holiday celebrations by the residents of Eucalyptus Avenue were unprecedented. It has been the Council’s intent to assess and discuss the successes and challenges of the measures taken in 2021 before recommending a course of action in 2022. Staff recommends that the Council discuss and consider which, if any, action should be taken in 2022 and how much funding should be allocated.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Provide staff with direction; or

2. Do not provides staff with direction.

Respectfully submitted by:

Nil Blackburn,
Assistant City Manager

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5 Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution 2021-087

2. Resolution 2021-101

3. Sheriff's Office Call Log - Eucalyptus Avenue December 2021

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Attachment: Resolution 2021-087 (Eucalyptus Ave Holiday Update)

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Attachment: Resolution 2021-087 (Eucalyptus Ave Holiday Update) RESOLUTION NO. 2021 - 101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

APPROPRIATING FUNDING FROM THE GENERAL FUND UNASSIGNED FUND BALANCE FOR FISCAL YEAR 2021-22 TO IMPLEMENT AN OFF-SITE PARKING PLAN

TO ADDRESS LOCAL TRAFFIC ISSUES IMPACTING THE COMMUNITY FROM THE EUCALYPTUS AVENUE HOLIDAY CELEBRATION.

WHEREAS, at its September 13, 2021 meeting, the City Council received a staff presentation on the annual holiday lights and displays by the residents living on Eucalyptus Avenue;and
WHEREAS, staff discussed the impacts of this popular annual celebration and the concerns raised by community members related to safety, traffic, and parking; and WHEREAS, at the conclusion of the staff presentation, Council directed staff to research and develop parking alternatives to encourage visitors to park away from Eucalyptus Avenue while they view the holiday lights and displays; and
WHEREAS, as there are no City owned parking facilities nearby, staff identified the parking lots at St. Charles Catholic Church, Brittan Acres Elementary, Arroyo Elementary, and Central Middle Schools as possible parking locations; and WHEREAS, staff met with the representatives of St. Charles Catholic Church and the San Carlos School District to develop the actions that need to be put in place for the City to use their respective parking lots; and
WHEREAS, staff presented Council with the following two parking scenarios for consideration:

Parking Scenario 1 starts on December 15\ operates seven days per week and ends on December 26th· The total estimated cost for this holiday season is $64,500; Parking Scenario 2 starts on Friday, December 3rd and runs every Friday, Saturday, and Sunday through December 19th and the three days leading up to Christmas. The total estimated cost for this holiday season is $40,400; and
WHEREAS, funds would need to be appropriated soon to the Special Community Events Program Budget (01791000); and
WHEREAS, there are sufficient funds available in the City's General Fund Unassigned Fund Balance to cover this request.

NOW,
THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby directs staff to proceed with Parking Scenario number 2 and appropriates $40,400 for Fiscal Year 2021-22 from the General Fund Unassigned Fund Balance to address local traffic issues impacting the community from t he Eucalyptus Avenue holiday celebration. *** **

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Attachment: Resolution 2021-101 (Eucalyptus Ave Holiday Update)

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Attachment: Resolution 2021-101 (Eucalyptus Ave Holiday Update) SHERRIF’S OFFICE CALL LOG - EUCALYPTUS AVENUE DECEMBER, 2021

Date Time of Call Details
12/03/21 1135 hours Parking complaint at 1957 Eucalyptus Avenue regarding a truck parked in a no parking zone blocking the Porta Potty delivery.
12/06/21 2055 hours Complaint received regarding subject selling balloons without a permit. Subject was located and cited for
soliciting without a permit.
12/09/21 2016 hours Complaint received regarding subject selling balloons without a permit. Subject was gone on arrival of Deputies 12/10/21 1901 hours Complaint of a barricade blocking the vehicle traffic on Eucalyptus Avenue.
12/10/21 1910 hours A person was contacted and dispersed. 12/10/21 1922 hours A child was reported missing. The child was located shortly after, unharmed.
12/12/21 1900 hours Four unknown suspects stole a City of San Carlos owned generator from the parking lot of St. Charles Church.
12/19/21 2129 hours Passing checks- Four hot dog vendors were issued verbal warnings for not having a permit. The vendors were
dispersed.
12/20/21 2104 hours Welfare check- A child was reported to not be secured in a child safety seat while inside a moving vehicle on
Eucalyptus Avenue. The deputies did not locate the
vehicle.
12/23/21 1953 hours A motorist was stopped for failing to yielded to a pedestrian- Cited.

CITATIONS:

1. 1 warning citation was issued for soliciting without a permit, four people were verbally warned for soliciting without a permit

2. 1 traffic citation for failure to yield to a pedestrian

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Attachment: Sheriff's Office Call Log - Eucalyptus Avenue December 2021 (Eucalyptus Ave Holiday Update)

CITY COUNCIL

STAFF REPORT

MEETING DATE: April 11, 2022

ITEM TITLE: Consideration of Introducing an Ordinance Amending San Carlos Municipal Code Chapter 18.18 - Landscaping, Replacing Sections 18.18.070 - Trees, and 18.41 - Terms and Definitions.

RECOMMENDATION:

The Planning Commission recommends that the City Council introduce an Ordinance to amend San Carlos Municipal Code Section s 18.18.070 – “Trees” (to be replaced in its entirety) and

18.41 – “Terms and Definitions”.

FISCAL IMPLICATIONS:

There is no fiscal impact or additional appropriation needed for this action.

This project was completed in -house by staff from the Community Development Department with consulting services from a City-retained arborist. The costs incurred by the consulting arborist were paid using the existing professional services budget.

On October 13, 2021, an agreement was executed with NBS to provide an overhead cost allocation review and comprehensive fee and rate study. This study is expected to be completed in the next few weeks and any fees related to th e Ordinance will be proposed as part of the fee study recommendations.

BACKGROUND:

The proposed Ordinance was developed at the direction of the City Council in response to community concerns about the number of protected tree removals in the community. As a result of these concerns, the City Council held a study session on May 10, 2021 and adopted an Urgency Ordinance at public hearings held on June 14, 2021 and July 12, 2021. Additionally, staff also received feedback from a widely noticed study session with the Planning Commission held on September 7, 2021, a joint meeting with the Planning Commission and Residential Design Review Committee (RDRC) held on February 7, 2022, staff consultation with City- retained arborist, inter-departmental discussions, and public comments. See the links provided in Attachment 3.

The purpose of this comprehensive update is to recommend amendments to the City’s existing Protected Tree Ordinance (SCMC 18.18.070) and replace it with a m ore comprehensive ordinance that will ensure a significant and thriving population of large healthy trees in San

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2 Carlos for public enjoyment and environmental sustainability w hile balancing property rights.

There are also additional minor amendments propos ed for section 18.41 titled “Terms and Conditions.”

On March 21, 2022, the Planning Commission approved Resolution PC2022-03 (Attachment 2) and recommended that the City Council adopt the proposed Ordinance. Based upon feedback from the City’s contract ar borist, the Planning Commission also recommended eliminating redwood trees from the list of options for replacing heritage trees, because redwoods require high water usage and are not suitable for smaller lots. This change does not affect the designation of certain redwood trees as Protected Trees. Redwood trees that have a minimum diameter of 15 inches or greater (measured at 54” in height) are still protected under the new Ordinance. Staff has incorporated this change within the proposed Ordinance. See Attachment 1, for full copy of the proposed Ordinance.

ANALYSIS

Ordinance Amendments
As proposed, San Carlos Municipal Code Section 18.18.070, “Trees”, would be replaced entirely as shown in Attachment 1, Exhibit A hereto. The proposed Ordinance includes various updates including standards for measuring a protected tree, replacement tree size and species, protected tree removal criteria, noticing requirements , and penalty fees. Portions of Municipal Code Section 18.41 are also proposed for amendment to ensure consistency in terminology as shown in Attachment 1, Exhibit B hereto.

Many aspects of the proposed Ordinance update closely follow the adopted Urgency Ordinance 1572. The proposed differences from the adopted Urgency Ordinance 1572 are outlined within major categories in the table below as underlined text.

Table 1: Comparison of proposed changes with the current Urgency Ordinance 1572

Category NEW - Proposed Changes Adopted Urgency Ordinance 1572 Significant
Trees
Any tree that is eleven inches in
diameter (or more) outside of bark,
measured at fifty-four inches above
natural grade.

Any tree that is thirty-six inches in
circumference (or more) (which is
approximately eleven and one-half
inches in diameter), outside of bark,
measured at forty-eight inches above
natural grade.

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3 Heritage
Trees
Indigenous tree whose size, as
measured at fifty-four inches above
natural grade exceeds a specific
threshold for that species of tree:
 Buckeye (9” in diameter or
greater)
 Redwood (15” in diameter or
greater)
 Madrone (9” in diameter or
greater)
 Coast Live Oak (9” in diameter
or greater)
 Valley Oak (9” in diameter or
greater)
 Blue Oak (9” in diameter or
greater)
 Interior Live Oak (9” in diameter
or greater)
 California Bay Laurel (11” in
diameter or greater)
Indigenous tree whose size, as
measured at forty -eight inches above
natural grade exceeds a specific
threshold for that species of tree:
 Buckeye (30” in circumference.)
 Redwood (48” in circumference.)
 Madrone (30” in circumference.)
 Coast Live Oak (30” in
circumference.)
 Valley Oak (30” in circumference
 Blue Oak (24” in circumference)
 Interior Live Oak (24” in
circumference)
 California Bay Laurel (30” in
circumference)
Non
protected
tree –
regardless
of size
 Bailey, Green or Black Acacia
 Tree of Heaven
 Fruit Trees
 Monterey Pine
 Eucalyptus genera
 Monocot trees including palms
and palm relatives.
 Bailey, Green or Black Acacia
 Tree of Heaven
 Fruit Trees
 Monterey Pine
 Eucalyptus
Replanting
Tree Size
Minimum 24” box size tree, unless
otherwise specified by the City
arborist or the San Carlos Protected
Tree Administrative Guidelines.

Size determined by Community
Development Director and based on
valuation.

Replanting
Tree
Species
Must be:
1) A heritage tree shall be replaced
from the heritage tree list with
the exception of redwood trees,
unless as allowed by the City
arborist; or
2) Any other significant tree shall
be replaced from the City’s
preferred tree list
Must be either:
1) the same species as that removed
(unless invasive) or;
2) a heritage species
Tree
replanting
fees
At discretion of City arborist,
applicants allowed to pay a tree fee if
the required replacement is not
possible.

No provision of tree fee.

Off-site tree replanting is allowed.

In addition to the proposed changes as summarized in the table above, the proposed Ordinance also includes updated requirements and clarifying text as outlined below.

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4 Staff has worked with the City-retained arborist to strengthen the language within the proposed Ordinance to provide clarity and ensure effective implementation. The amendments include updates to the following areas:
 Language for tree removal criteria
 Definitions for the following terms including, “community of trees”, “pruning”, “trimming”, “construction activity”, “dripline”, and a “tree protection zone”  Application submission requirements
 Replacement tree requirements

Additional Documents
To support easy implementation of the proposed Ordinance, staff has prepared two supplemental documents for administrative and internal processing procedures , which are included as Attachment 4. These documents are summarized below.

1. San Carlos Protected Trees Administrative Guidelines (“Administrative Guidelines”) – This will be a supplemental guidance document for the Protected Tree Ordinance. The document thoroughly describes administrative procedures to help users comply with and implement the provisions of the Protected Tree Ordinance. Some portions of the San Carlos Protected Trees Administrative Guidelines were adapted from heritage tree administrative guidelines a nd technical manuals of the City of San Mateo, City of Menlo Park , and City of Palo Alto. This document includes details and guidance on subjects such as:
 Size requirements of replacement trees
 Measuring height and width of the tree trunk
 Tree appraisal method
 Permit application requirements
 Public noticing requirements
 Tree protection plan requirements
 Resources to help maintain trees.

2. Preferred Tree List – A preferred tree list was developed in consultation with the City-retained arborist suitable for public and private properties . This list is proposed to b e used citywide.

The new “Preferred Tree L ist” is intended to replace the “List of Approved Street Trees ” (Attachment 5) commonly used by the Public Works and Community Development Department. The m ethodology adopted by the City arborist to develop this new Preferred Tree List is included in Attachment 6.

It should be noted that the Administrative Guidelines and Preferred Tree List are not included in the proposed O rdinance for adoption by the City Council, but rather, would remain separate documents that could be updated easily at the discretion of the Director in cons ultation with the City arborist.

Responsibilities for City-Retained Arborist
The proposed O rdinance assigns significant responsibilities to the City-retained Arborist to make major decisions that will help implement the proposed Ordinance . These include preparing and reviewing arborist reports, reviewing the tree protection plans, formulating conditions of approvals for tree removal pe rmits, conducting site visits, reviewing the feasibility of design alternatives , monitoring replacement trees , and n oticing. If adopted, the proposed

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5 Ordinance would allow for the arborist to make the decision on tree removal permits, tree protection plans, and development applications regarding impacts to trees.

On March 28, 2022, the City Council approved an increased budget for professional services which will allow the arborist to assist in processing applications and implementing the provisions of the proposed Ordinance. A significant portion of the arborist’s fees will be offset by permit fees, development fees, and plan review fees.

Staff has listed a few additional long-term projects that were identified as possible future activities based upon public comments, City Council recommendations, Planning Commission recommendations, and staff’s experience while handling protected tree removal permits. If so directed by Council, projects identified for the City-arborist could also include:

 Inventory protected trees citywide
 Research feasibility of city-wide invasive species removal program  Research feasibility to assist citizens for dead-tree removals  Research feasibility of providing financial assistance for tree removals  Update the preferred tree list as necessary
 Prepare guidelines for planting trees in the public right-of-way  Prepare a tree-related comprehensive technical guidance document

Additional Comments Regarding Fees
In response to several public comments received a t the March 21, 2022 Planning Commission meeting, the Planning Commission unanimously agreed to ask the City Council to consider lowering the Protected Tree Removal /Pruning Application fees to “as low as possible ” and implementing a program to provide financial assistance , including hardship waiver, to qualified individuals for protected tree removals or pruning.

Staff also received a few public comments suggesting the reduction of application fees for dead- tree removals. Staff believes using a City arborist for the identified tasks will help in reducing staff time spent on tree removal application reviews. As a result, it is anticipated it could lower arborist deposit costs to applicants. For example, current fees for all tree removal applications include an arborist deposit, processing fee, and technology fee which cost approximately $720.

In addition to preparing a thorough report for staff’s review, there is often much discussion between the arborist and staff since the decision for removal is ultimately up to the Community Development Department. The proposed Ordinance allows the City arborist to make independent decisions which will save time and costs to the applicant. In addition, although the arborist will need to document reasons for approving or denying a tree removal, there will not always be the need for a comprehensive arborist report which results in additional time and money.

As noted above, staff is including this feedback and information into the comprehensive fee study.

Public Comments
This City Council meeting w as advertised through various mediums ( City Council newsletter, social media, website, newspaper, email lists). As of the writing of the staff report, t here were several comments received. These are included as Attachment 7.

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6 Environmental Determination
This project implements the programs and policies of the San Carlos 2030 General Plan, is within the scope of the activities and impacts identified in San Carlos 2030 General Plan Program Environmental Impact Report (EIR) and no new environmental effects h ave been found and no new mitigation is necessary. Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162 and 15168. This project is also exempt per CEQA Section 15308, actions by regulatory agencies for protection of the environment.

Next Steps
Should the City Council introduce the Ordinance as proposed or with amendments , a second reading of the Ordinance would be held on April 25, 2022, and if passed, the proposed amendments would become effective May 25, 2022 at which time the Urgency Ordinance 1572 will expire and become ineffective.

ALTERNATIVES:

Options available to the City Council include:

1. Introduce an Ordinance amending the San Carlos Municipal Code Section s

18.18.070- Trees (to be replaced in its entirety) and 18.41 - Terms and Definitions; or

2. Do not introduce the proposed Ordinance; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, AICP
Community Development Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Ordinance with Exhibits A and B

2. Planning Commission Resolution PC2022-03-Final Unsigned

3. Project History and Links to Staff Report and Attachments

4. San Carlos Protected Trees Administrative Guidelines

5. List of approved Street Trees (Proposed to be replaced)

6. Arborist Preferred Tree List Methodology

7. Public Comments

8. Public Notice

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ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING SAN CARLOS MUNICIPAL CODE CHAPTER 18.18 - LANDSCAPING, REPLACING SECTIONS 18.18.070 – TREES, AND 18.41 – TERMS AND DEFINITIONS.

SECTION 1: The City Council of the City of San Carlos does hereby ordain as follows:

WHEREAS, on May 10 2021, the City Council conducted a study session on protected tree removals and/or pruning and expressed interest in moving forward with an Interim Urgency Ordinance to restrict protected tree removals and/or pruning and allow staff time to analyze the existing ordinance and propose changes, while only allowing for protected tree removal and/or pruning for trees that meet limited, specific findings; and

WHEREAS, on June 14, 2021 the City Council adopted the Urgency Ordinance 1571 to enact the Urgency Ordinance for a period of 45 – days; and

WHEREAS, on July 12, 2021 extended the Urgency Ordinance for a period of ten months and fifteen days Ordinance 1572 to allo w staff time to research and propose a more comprehensive Protected Tree Ordinance; and

WHEREAS, on September 7, 2021 the Planning Commission conducted a study session to discuss reasons for tree removals, penalty fees for violation of the ordinance, noti fication requirements, and replanting and tree protection requirements, and received public comments, to be considered within the permanent protected tree ordinance; and

WHEREAS, on February 7, 2022 the Planning Commission and the Residential Design Review Committee conducted a joint meeting to comment and provide input on the ongoing work and next steps on developing a permanent protected tree ordinance; and

WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.136.030 and California Government Code Section 65090 and 650901 a Public Hearing Notice was published on March 10, 2022 for the Draft Zoning Ordinance and the San Carlos Municipal Code Draft Amendments in the newspaper, distributed to interested agencies, added to the City’s website and announced through e-notify, city-wide postcard, and other social media platforms; and

WHEREAS, the Planning Commission conducted a public hearing on amendments to the San Carlos Municipal Code to hear and consider all comments of all persons interested in or concerned with a proposed amendments of the City of San Carlos Municipal Code on March 21, 2022 in consideration of a recommendation to the City Council regarding adoption of an Ordinance; and

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Attachment: Ordinance with Exhibits A and B (Permanent Protected Tree Ordinance)

WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.136.030 and the California Government Code Sections 65090 and 65091 a Public Hearing Notice for the City Council consideration of the Planning Commission recommendation on the Dr aft Zoning Ordinance and the San Carlos Municipal Code Draft Amendments was published April 1, 2022 in the newspaper, distributed to interested agencies, added to the City’s website and announced through e-notify, and other social media platforms; and WHEREAS, the proposed amendments to the Zoning Ordinance text were released for public review on April 7, 2022 and incorporate the recommendations of the Planning Commission as recommended in Resolution of the Planning Commission No. PC2022-0003 and WHEREAS, the City Council conducted a public hearing on amendments to the San Carlos Zoning Ordinance to hear and consider all comments of all persons interested in or concerned with a proposed amendments of the City of San Carlos Municipal Code on April 11, 2022 in consideration of adoption of this Ordinance; and WHEREAS, the City Council desires to make findings for the proposed amendments to the San Carlos Municipal Code Title 18 Zoning Ordinance relative to implementation of the 2030 General Plan; and
WHEREAS, the City Council finds that the desired outcome of the Ordinance update is to ensure a significant and thriving population of large healthy trees in San Carlos for public enjoyment and environmental sustainability while balancing property rights and implementation efficiency is achieved; and

WHEREAS, the City Council finds the Ordinance update process evaluated current issues and successes with the existing ordinance and explored options for changes based on evidence and best practices in other communities and industry experts; and

SECTION 2: The City Council makes the following findings:

A. The proposed Ordinance amendments are consistent with the General Plan.

Basis for finding: The 2030 General Plan includes Goal EM-3, which states “Enhance the Urban Forest,” Action EM-3.1 which states, “Maintain and expand the urban canopy with special emphasis on protection of heritage trees” and EM -3.2 which states, “Review and amend the Zoning Ordinance as needed to identify barriers to the effective enhancement of the urban forest and the protection of heritage trees.” One of the primary goals of the update is to ensure that San Carlos’s municipal code pertaining to protected trees ensure a significant and thriving population of large healthy trees in San Carlos for public enjoyment and environmental sustainability while balancing property rights and implementation efficiency.

B. The ordinance amendment is consistent with the purpose of the zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

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Attachment: Ordinance with Exhibits A and B (Permanent Protected Tree Ordinance)

Basis for finding: The proposed amendments are consistent with the goals, policies, and actions of the 2030 General Plan and as such promote the effective enhancement of the urban forest and protection of heritage trees through updated regulations while continuing to protect the public health, safety, peace, comfort and general welfare.

SECTION 3 : Replacement of Code. Chapter 18.18 – Landscaping, and Section

18.18.070 – Trees, Chapter 18.41 Terms and Definitions of Title 18 – Zoning is hereby replaced with the language in Exhibit A.

SECTION 4: Pending Applications. As to applications for protected tree removal and/or pruning permits, which have been accepted, processing and review of such applications may continue, but shall be subject to the regulations and requirements listed in Exhibit A and Exhibit B, on the date the ordinance becomes effective.

SECTION 5: California Environmental Quality Act Determination . The City Council hereby finds that this Ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) under Sections 15378 and 15061(b)(3) of the of the CEQA Guidelines. The Ordinance is intended to continue the level of tree canopy protection existing in the current Ordinance while providing more clarity and better enforcement, and has no potential for resulting in physical change to the environment either directly or indirectly.

SECTION 6: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of San Carlos hereby declares that it would have adopted this Ordinance and such section, subsection, clause, phrase, or portion may be declared invalid or unconstitutional.

SECTION 7: That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and, if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 8: This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption.

* * * * *

I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on 11th day of April, 2022 and adopted at a regular meeting of the City Council of the C ity of San Carlos held on the ___ day of _________, 2022 by the following vote:

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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Attachment: Ordinance with Exhibits A and B (Permanent Protected Tree Ordinance)

______________________________
CITY CLERK of the City of San Carlos

APPROVED:

___________________________
MAYOR of the City of San Carlos

Exhibit A: Proposed Changes to Chapter 18.18
Exhibit B: Proposed Changes to Chapter 18.41

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Attachment: Ordinance with Exhibits A and B (Permanent Protected Tree Ordinance)

EXHIBIT A
CHAPTER 18.18 (PROPOSED DRAFT TEXT)
Chapter 18.18

LANDSCAPING
Section 18.18.070 Trees.

A. Intent and Purpose
This chapter is adopted with the intent and purpose of promoting the preservation and development of a healthy, diverse tree canopy in San Carlos, which is highly valued by the community and is vital to the character and health of the city.

Protected trees are valued for their many contributions to the environment, public health and quality of life of the San Carlos community. Examples of those benefits include:

1. Provide shade;

2. Resiliency to climate change;

3. Improve air quality;

4. Provide shelter from wind;

5. Prevent erosion and landslides;

6. Protect against flood hazards;

7. Add to the city’s scenic beauty and character;

8. Recognize historical significance to our city;

9. Create natural gathering places;

10. Reduce noise pollution;

11. Enhance privacy;

12. Enhance neighborhood property values;

13. Provide habitat for wildlife.

14. Improve storm water management and improve water quality

15. Offset carbon emissions

16. Minimize the urban heat island effect
B. Definitions

1. “Applicant” is the person seeking a permit to remove or perform pruning on a Protected tree under this chapter.

2. “Administrative Guidelines” means staff-prepared regulations for implementation and interpretation of this chapter.

3. “Construction activity” means any construction work associated with or requiring a permit for any new building, building addition, building demolition, grading, excavation or paving. This includes all necessary related activities which may or may not be shown on site plans, including but not limited to: storing/staging of materials, site access, parking,

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Attachment: Ordinance with Exhibits A and B (Permanent Protected Tree Ordinance)

placement of temporary structures, debris disposal, additional excavation and landscaping.

4. “Pruning” means the removal of one-fourth or more than one-fourth (25%) of the crown or existing foliage of the tree or one-fourth or more than one-fourth (25%) of the root system.

5. “Trimming” means the cutting or removal of a portion of a tree which removes less than one-fourth (25%) of the crown or existing foliage of a tree, removes less than one-fourth (25%) of the root system, and does not kill the tree.

6. “City arborist” means city-retained arborist.

7. “Community of trees” means a group or grove of trees that are dependent upon each other for their survival and/or structural stability.

8. “Tree Protection Zone (TPZ)” means the area surrounding a tree to be Protected based upon tree species, age, health, soil, and proposed construction. The TPZ shall have a radius measured from the trunk equal to ten times the diameter of the trunk measured at 54" above grade or as otherwise specified by a project arborist and approved by the City arborist.

9. “Removal” means cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means; or pruning not done in conformance with a permit.

10. “Protected tree” means any significant or heritage tree, any tree as part of a replacement requirement, an approved development permit or an approved landscaping plan. The following trees shall not be classified as Protected trees regardless of size:

i. Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;
ii. Tree of Heaven: Ailianthus altissima
iii. Fruit trees of any kind;
iv. Monterey Pine: Pinus radiata;
v. Eucalyptus genera;
vi. Monocot trees including palms and palm relatives.

11. “Heritage tree” means any:

i. Indigenous tree whose size, as measured at fifty-four inches above natural grade (unless otherwise indicated), is defined below:
 Aesculus californica (buckeye) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.

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 Arbutus menziesii (madrone) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.
 Quercus agrifolia (coast live oak) measuring nine inches (9”) in diameter or greater.
 Quercus lobata (valley oak) measuring nine inches (9”) in diameter or greater.
 Quercus douglassii (blue oak) measuring nine (9”) in diameter or greater.  Quercus wislizneii (interior live oak) measuring nine inches (9”) in diameter or greater.
 Sequoia sempervirens (redwood) measuring fifteen inches (15”) in diameter or greater.
 Umbrellularia californica (California bay laurel) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring eleven inches (11”) in diameter or greater;

Heritage Tree Species Minimum Protected
Diameter
Aesculus californica (buckeye) 9” diameter or greater
Arbutus menziesii (madrone) 9” diameter or greater
Quercus agrifolia (coast live oak) 9” diameter or greater Quercus lobata (valley oak) 9” diameter or greater
Quercus douglassii (blue oak) 9” diameter or greater
Quercus wislizneii (interior live oak) 9” diameter or greater Sequoia sempervirens (redwood) 15” diameter or greater
Umbellularia californica (California bay
laurel)
11” diameter or greater

ii. Community of trees;

iii. Trees designated by the City Council, based upon findings that the particular tree is unique and of importance to the public due to its unusual age, appearance, location or other factors.

12. “Significant tree” means any tree that is eleven inches (11”) in diameter (or more), outside of bark, measured at fifty-four inches above natural grade. The following trees shall not be classified as significant or heritage trees regardless of size:

i. Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;

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ii. Tree of Heaven: Ailianthus altissima;
iii. Fruit trees of any kind;
iv. Monterey Pine: Pinus radiata;
v. Eucalyptus genera;
vi. Monocot trees including palms and palm relatives.

C. Trees. Trees shall be provided as follows:

1. RS districts: one tree for every one thousand square feet of lot coverage for residential development; one tree for every two thousand square feet of lot coverage for non- residential development.

2. RM and mixed-use districts: one tree for every two thousand square feet of lot coverage.

3. Commercial districts: one tree for every two thousand square feet of lot coverage.

4. Industrial districts: one tree for every five thousand square feet of lot coverage.

5. If the lot size or other site conditions make planting of the required trees impractical to comply with, the applicant, at the discretion of the City arborist, may pay a fee as adopted in a resolution by the City Council.

6. If the required number and size of trees not including fruit trees, already exist on the site, the applicant may not be required to plant new trees on site unless as required per the City arborist, replacement requirement and/or an associated condition of approval. Instead, the existing trees shall be shown on the site and landscape plans submitted to the Planning Division, and those trees shall be maintained in compliance with the standards of this chapter.

7. Street oriented trees: At least one of the required on site trees must be street oriented unless otherwise approved by the City arborist.

8. Any tree planted to meet the requirements of this section shall be a minimum of 24” box size, unless otherwise specified by the City arborist.

9. Any tree planted to meet the requirements under this section shall not include, Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon; Tree of Heaven:

Ailianthus altissima; Fruit trees of any kind; Monterey Pine: Pinus radiata; Eucalyptus genera; Monocot trees including palms and palm relatives.

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D. Maintenance and Preservation of Protected Trees. The following requirements apply to Protected trees, as defined in this chapter and Section 18.41.020:

1. No Protected tree shall be removed, pruned, or otherwise materially altered without a permit except as provided in this section. Trimming of a protected tree is allowed without such a permit.

2. Chemicals or other construction materials shall not be stored within the Tree Protection Zone of Protected trees.

3. Drains shall be provided as required by the City arborist whenever soil fill is placed around Protected trees. Soil fill shall not be placed around Protected trees without approval by an ISA-certified arborist.

4. Signs, wires or similar devices shall not be attached to Protected trees.

5. Any Construction Activity performed within an area ten (10) times the diameter of a Protected tree on any property or in the public right of way shall require submittal and implementation of a tree protection plan for review and approval by the City arborist prior to issuance of any grading or construction permit. The tree protection plan shall be prepared by an ISA certified arborist and shall address issues related to protective fencing and protective techniques as specified in the administrative guidelines to minimize impacts associated with grading, excavation, demolition and construction.

The City arborist may impose conditions on any City permit to assure compliance with this section. These trees and protection zones shall be identified on plans.

6. If the proposed development, including any site work for the development, will encroach upon the Tree Protection Zone of a Protected tree, special measures shall be utilized, as approved by the City arborist, to allow the roots to obtain oxygen, water, and nutrients as needed. Any excavation, cutting, filling, or compaction of the existing ground surface within the protected perimeter, if authorized at all by the review authority, shall be minimized and subject to such conditions as may be imposed by the review authority. No significant change in existing ground level shall be made within the Tree Protection Zone of a Protected tree except as approved by the City arborist.

No burning or use of equipment with an open flame shall occur near or within the protected perimeter.

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7. Underground trenching for utilities shall avoid major support and absorbing tree roots of Protected trees. If avoidance is impractical, tunnels shall be made below the roots.

Trenches shall be consolidated to service as many units as possible. Trenching within the Tree Protection Zone of Protected trees shall be avoided to the greatest extent possible and shall only be done under the at-site directions of a certified arborist and with approval by the City arborist.

8. No concrete or asphalt paving shall be placed over the Tree Protection Zone of oaks except as approved by the City arborist.

9. No compaction of the soil within the Tree Protection Zone of Protected trees shall occur.

E. Removal and/or pruning of Protected trees prohibited.

It is unlawful for any person to remove, or cause to be removed, any Protected tree from any parcel of property in the city, or perform pruning on a Protected tree, without obtaining a permit; provided, that in case of emergency, when a Protected tree is imminently hazardous or dangerous to life or property, it may be removed by order of the City arborist. Any person who vandalizes, grievously mutilates, destroys or unbalances a Prote cted tree without a permit or beyond the scope of an approved permit shall be in violation of this chapter.

F. Protected Tree Removal Permit and Decision-making Criteria.

1. Application. Application and fees for Protected tree removal permits and/or pruning of a Protected tree shall be submitted in accordance with the provisions set forth in Chapter 18.27, Common Procedures and the Administrative Guidelines. T he application shall state, among other things per the Administrative Guidelines, the number and location of the tree(s) to be removed or pruned by type and the reason for removal or pruning of each. The application shall also include a recent colored photograph with correct botanical identification of the subject tree(s).

2. Decision-making Criteria. The City arborist may only issue a permit for the removal and/or pruning of a Protected tree if he/she/they determines there is good cause for such action. In determining whether there is good cause, the City arborist shall give consideration to the following:
a. Death. The Protected tree is dead as designated by the City arborist. b. Tree Risk Rating. The condition of the Protected tree poses a high or extreme risk rating under the International Society of Arboriculture Best Management Practices:

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Tree Risk Assessment and/or administrative guidelines; and the risk cannot be reasonably abated to a low risk rating with sound arboricultural treatments. The City arborist may consider ‘danger to people and property’ in assessing the risk to make a decision.
c. Tree Health Rating. The Protected tree is (A) dying or has a severe disease, pest infestation, intolerance to adverse site conditions, or other condition and/or pruning or other reasonable treatments based on current arboricultural standards will not restore the Protected tree to a fair, good or excellent health rating as defined in the Guide for Plant Appraisal, 10th Edition, or its successor manual or the administrative guidelines (B) likely to die within a year as designated by an ISA Certified Arborist and/or the City arborist.
d. Species. The Protected tree is a member of a species that has been designated as invasive or low species desirability by the City arborist or his/her/their designee in the administrative guidelines.
e. Development. The Protected tree interferes with existing or proposed development, repair, alteration or improvement of a site or the Protected tree is causing/contributing to structural damage to a habitable building (excluding amenities, such as walkways, patios, pools and fire pits); and there is no reasonable design alternative that would permit preservation of the Protected tree while achieving the applicant’s reasonable development objectives or of the property. Necessary documentation and/or tree appraisals as established in the administrative guidelines shall be submitted to the City arborist demonstrating infeasibility of alternatives to the removal and/or pruning. f. Utility Interference. The removal and/or pruning is requested by a utility, public transportation agency, or other governmental agency due to a health or safety risk resulting from the Protected tree’s interference with existing or planned public infrastructure and there is no reasonable design alternative that would permit preservation of the Protected tree. Necessary documentation as established in the administrative guidelines shall be submitted to the City arborist demonstrating infeasibility of alternatives to the removal and/or pruning.

3. Review. In reviewing applications for removal and/or pruning of Protected trees, the City arborist shall give priority to those based on hazard or danger of disease. The City arborist may refer any application to another department, committee, board or

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commission of the City for a report and recommendation, and may require the applicant to provide an arborist’s report which shall be reviewed by the City arborist.

4. Noticing Requirements.

Notice before Issuance. Before a Protected tree is removed, notice of removal shall be posted by the applicant on the property containing the Protected tree at a conspicuous location when a permit is sought under subsection (e) (Development) or (f) (Utility Interference) of this section. Property owners within three-hundred (300’) feet of the exterior boundary of the property containing the Protected tree shall be noticed by mail of the pending application. Failure to receive copies of such notice shall not invalidate any action taken by the City.

Notice of Issuance. Upon receipt of a tree removal permit, the property owner shall post a notice of issuance of any permit for a tree removal at the subject property for a period of ten calendar days. A proof of posting shall be sent to the City arborist. The City will furnish the owner with a copy of the notice of issuance.

5. Conditions and Replacement Trees. In granting a tree removal permit, the City arborist may attach reasonable conditions to ensure compliance with the content and purpose of this chapter, such as, but not limited to, the following:
a. Replacement tree(s) for heritage tree removals shall be from the heritage tree list, with the exception of redwood trees, at a 1:1 ratio of a size, as determined by the City arborist and/or specified in the administrative guidelines. The City arborist may allow a species not on the heritage tree list if:
i. The species from the heritage tree list is proven to be unsuitable at a given location per an ISA Certified Arborist and/or the City arborist, b. Replacement tree(s) for all other significant tree removals shall be at a 1:1 ratio of a size, as determined by the City arborist and/or specified in the administrative guidelines.
c. Replacement trees shall be planted within four (4) months of the permit issuance unless the replacement tree is part of an approved landscape plan associated with a development project, or upon approval by the City Arborist.

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d. Any tree planted to meet the requirements under this section shall not include, Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon; Tree of Heaven: Ailianthus altissima; Fruit trees of any kind; Monterey Pine:

Pinus radiata; Eucalyptus genera; Monocot trees including palms and palm relatives.
e. Special construction to allow irrigation and aeration of roots and preservation of the Protected tree.
f. Tree wells or other tree protection techniques.
g. Protected tree maintenance requirements to help the tree grow and thrive h. Other reasonable requirements per the City arborist

6. Emergencies. If an emergency develops regarding a Protected tree removal and/or pruning which requires immediate response for the safety of life or property, action may be taken by obtaining oral permission of the City arborist, notwithstanding other provisions contained in this chapter. Such emergencies shall be exempt from Protected tree permit application procedures; however, replacement shall occur as provided in this chapter.

7. Expiration. If no action on an approved tree removal permit is taken within a period of one year from the date of approval, the permit shall be considered void.

8. Appeals. Tree removal permit decisions are subject to the appeal provisions of Section 18.27.150, Appeals.

9. Administrative Guidelines. The Director shall have the authority to adopt and modify administrative guidelines to implement this chapter.

G. Violation. In addition to the provisions of Chapter 18.39, Enforcement and Abatement Procedures, and Chapter 1.20, Penalties, any person who removes or causes to be removed any Protected tree, the following shall apply:

1. If a violation occurs during development, the City may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance

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of certificates of occupancy) until a mitigation plan has been filed with and approved by the City arborist, agreed to in writing by the property owner(s), and either implemented or guaranteed by the posting of adequate security as determined by the City.

2. Any person violating this chapter shall be subject to a civil fine or penalty in the amount established by this ordinance. If a person commits, or maintains a violation of any part of Municipal Code Section 18.18, he/she/they will be fined in an amount not to exceed $5,000 per violation; and if the violation resulted in the removal or demise of a Protected tree, the fine will not exceed $5,000 per tree or the appraised value of each such tree, as determined by an ISA Certified Arborist in consultation with the City arborist, whichever amount is higher. The arborist shall use the then-current issue of “A Guide to Plant Appraisal” published by the International Society of Arboriculture or as specified in the administrative guidelines. Replacement shall occur as established in this chapter.

3. The code enforcement officer, director, building official, City arborist or designee are authorized to issue stop work orders, notices of violation, administrative penalties and citations under this chapter.

4. Any citation or penalty received under this chapter may be appealed to the Zoning Administrator or designee whose determination shall be final. Such appeal must be filed within ten (10) days of receipt of the citation or penalty.

5. Whenever the amount of any administrative fine or penalty or administrative cost incurred by the City in connection with a violation of this chapter has not been satisfied in full within ninety (90) days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.

6. The City Attorney may bring a civil action against the violator to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the City prevails, the court may award to the City all costs of investigation and preparation for trial, the costs of trial, reasonable expenses, including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.

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7. The remedies provided in this section may be enforced against both the contractor and other person performing work in violation of this chapter as well as the owner of the real property on which the Protected tree is located.

8. All remedies provided in this section shall be cumulative and are not exclusive.

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EXHIBIT B
CHAPTER 18.41 (PROPOSED DRAFT TEXT)
Chapter 18.41

TERMS AND DEFINITIONS
“Applicant” is the person seeking a permit to remove or perform pruning on a Protected tree under this chapter.
“Administrative Guidelines” means staff-prepared regulations for implementation and interpretation of this chapter.
“Construction activity” means any construction work associated with or requiring a permit for any new building, building addition, building demolition, grading, excavation or paving. This includes all necessary related activities which may or may not be shown on site plans, including but not limited to: storing/staging of materials, site access, parking, placement of temporary structures, debris disposal, additional excavation and landscaping. “Pruning” means the removal of one-fourth or more than one-fourth (25%) of the crown or existing foliage of the tree or one-fourth or more than one-fourth (25%) of the root system. “Trimming” means the cutting or removal of a portion of a tree which removes less than one- fourth (25%) of the crown or existing foliage of a tree, removes less than one-fourth (25%) of the root system, and does not kill the tree.
“City arborist” means city-retained arborist.
“Community of trees” means a group or grove of trees that are dependent upon each other for their survival and/or structural stability.
“Tree Protection Zone (TPZ)” means the area surrounding a tree to be Protected based upon tree species, age, health, soil, and proposed construction. The TPZ shall have a radius measured from the trunk equal to ten times the diameter of the trunk measured at 54" above grade or as otherwise specified by a project arborist and approved by the City arborist. “Removal” means cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means; or pruning not done in conformance with a permit. “Protected tree” means any significant or heritage tree, any tree as part of a replacement requirement, an approved development permit or an approved landscaping plan. The following trees shall not be classified as Protected trees regardless of size:
i. Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;

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ii. Tree of Heaven: Ailianthus altissima
iii. Fruit trees of any kind;
iv. Monterey Pine: Pinus radiata;
v. Eucalyptus genera;
vi. Monocot trees including palms and palm relatives.

“Heritage tree” means any:
i. Indigenous tree whose size, as measured at fifty-four inches above natural grade (unless otherwise indicated), is defined below:
 Aesculus californica (buckeye) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.
 Arbutus menziesii (madrone) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.
 Quercus agrifolia (coast live oak) measuring nine inches (9”) in diameter or greater.
 Quercus lobata (valley oak) measuring nine inches (9”) in diameter or greater.
 Quercus douglassii (blue oak) measuring nine (9”) in diameter or greater.  Quercus wislizneii (interior live oak) measuring nine inches (9”) in diameter or greater.
 Sequoia sempervirens (redwood) measuring fifteen inches (15”) in diameter or greater.
 Umbrellularia californica (California bay laurel) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring eleven inches (11”) in diameter or greater;

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Umbellularia californica (California bay
laurel)
11” diameter or greater

ii. Community of trees;

iii. Trees designated by the City Council, based upon findings that the particular tree is unique and of importance to the public due to its unusual age, appearance, location or other factors.

“Significant tree” means any tree that is eleven inches (11”) in diameter (or more), outside of bark, measured at fifty-four inches above natural grade. The following trees shall not be classified as significant or heritage trees regardless of size:
i. Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;
ii. Tree of Heaven: Ailianthus altissima;
iii. Fruit trees of any kind;
iv. Monterey Pine: Pinus radiata;
v. Eucalyptus genera;
vi. Monocot trees including palms and palm relatives.

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Attachment: Ordinance with Exhibits A and B (Permanent Protected Tree Ordinance) RESOLUTION NO. PC2022 - 03

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN CARLOS

RECOMMENDING CITY COUNCIL AMENDMENT OF SAN CARLOS MUNICIPAL CODE SECTION 18.18.070 (TREES) AND 18.41 (TERMS AND DEFINITIONS) OF THE SAN CARLOS MUNICIPAL CODE.
______________________________________________________________________ WHEREAS, both residents and the City Council have expressed concerns relating to the overall number of protected tree removals occurring in the community, specifically tree removals of large trees visible from the street, as well as the removal of protected trees associated with new development. In the spring of 2021, the City Council requested staff to research surrounding jurisdictions’ tree regulations, including penalty fees for illegal tree removals and replanting policies.

WHEREAS, on July 12, 2021 extended the Urgency O rdinance 1572 for a period of ten months and fifteen days to allow staff time to research and propose a more comprehensive Protected Tree Ordinance
WHEREAS, on September 7, 2021 the Planning Commission conducted a study session to discuss reasons for tree removals, penalty fees for violation of the ordinance, notification requirements, and replanting and tree protection requirements to be considered within the permanent protected tree ordinance.

WHEREAS, pursuant to Government Code Section 65853 and 65850 and San Carlos Municipal Code Chapter 18.136, when a change in the Zoning Ordinance (Title 18 of the San Carlos Municipal Code) is found necessary, the Planning Commission shall hold a public hearing to consider such change and render its decision to the City Council; and WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.136.030 and California Government Code Section 65090 and 650901 a Public Hearing Notice was published on March 10, 2022 for the Draft Zoning Ordinance and the San Carlos Municipal Code Draft Amendments in the newspaper, distributed to interested agencies, added to the City’s website and announced through e-notify, city-wide postcard, and other social media platforms; and WHEREAS, the Planning Commission conducted a public hearing on amendments to the San Carlos Municipal Code to hear and consider all comments of all persons interested in or concerned with a proposed amendments of the City of San Carlos Municipal Code on March 21,

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W
HEREAS, the proposed amendments would help to ensure a significant and thriving population of large healthy trees in San Carlos for public enjoyment and environmental sustainability while balancing property rights;
WHEREAS, the proposed amendments to the SCMC 18.18.070 and 18.41 are within the scope of the activities and impacts identified in San Carlos 2030 General Plan Program Environmental Impact Report (EIR) and no new environmental effects have been found and no new mitigation is necessary. Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162 and 15168. This project is also exempt from CEQA Section 15308, actions by regulatory agencies for protection of the environment; and NOW, THEREFORE BE IT FOUND, DETERMINED, AND RESOLVED by the Planning C
ommission of the City of San Carlos that:
1) Fi
ndings:

A. The pr
oposed ordinance amendments are consistent with the General Plan.

B
asis for finding: The 2030 General Plan includes Goal EM-3, which states “Enhance the U
rban Forest,” Action EM-3.1 which states, “Maintain and expand the urban canopy wi th s
pecial emphasis on protection of heritage trees ” and EM-3.2 which states, “Review and amend the Zoning Ordinance as needed to identify barriers to the effective enhancement of the urban forest and the protection of heritage tr ees.” One of the primary goals of the update is to ensure that San Carlos’s municipal code pertaining to protected trees ensure a s
ignificant and thriving population of large healthy trees in San Carlos for public enjoyment and environmental sustainability while balancing property rights and implementation efficiency.

B. The or
dinance amendment is consistent with the purpose of the zoning title to promote the gr
owth of the City in an orderly manner and to promote and protect the public health, s
afety, peace, comfort and general welfare.

B
asis for finding: The proposed amendments are consistent with the goals, policies, and ac
tions of the 2030 General Plan and as such promote the effective enhancement of the ur
ban forest and protection of heritage trees through updated regulations while c
ontinuing to protect the public health, safety, peace, comfort and general welfare. 2) A
doption:

A. The P
lanning Commission recommends that the City Council adopt the amendments as set forth in Exhibit A and Exhibit B.

P
assed and adopted as Resolution of the Planning Commission of the City of San Carlos at a regular meeting thereof on the 21st day of March 2022, by the following vote:

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PLANNING COMMISSIONERS:

NOE
S, PLANNING COMMISSIONERS:

ABSE
NT, PLANNING COMMISSIONERS:
________________________________________________
C
HAIR of the Planning Commission of the City of San Carlos ATT
EST:
______________________________________
PL
ANNING MANAGER of the City of San Carlos

GARVEY, ROOF, CLEMENTS, BRADLEY

IACOPONI

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EXHIBIT A
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING TITLE 8, CHAPTER 18.18 LANDSCAPING, REPLACING SECTION 18.18.070 TREES AND CHAPTER 18.41 TERMS AND DEFINITIONS
SECTION 1: The City Council of the City of San Carlos does hereby ordain as follows:

WHEREAS, on July 12, 2021 extended the Urgency Ordinance for a period of ten months and fifteen days to allow staff time to research and propose a more comprehensive Protected Tree Ordinance
WHEREAS, on September 7, 2021 the Planning Commission conducted a study session to discuss reasons for tree removals, penalty fees for violation of the ordinance, notification requirements, and replanting and tree protection requirements to be considered within the permanent protected tree ordinance.

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WHEREAS, City Council has received a recommendation from the Planning Commission as a result of a Public Hearing held at the Planning Commission Meeting March 21, 2022 and has considered the recommendation of the Planning Commission for regulations in the San Carlos Municipal Code including Planning Commission findings for amendments to the Title 8 and the reasons for the recommendations, the relationship of the proposed ordinance or amendments to the Zoning Ordinance (Title 18), and 2030 General Plan.

WHEREAS, the City Council finds that the desired outcome of the Ordinance update is to ensure a significant and thriving population of large healthy trees in San Carlos for public enjoyment and environmental sustainability while balancing property rights and implementation efficiency is achieved; and

WHEREAS, the City Council finds that the preferred options where identified based on increasing clarity, increasing and maintaining canopy, and increasing effectiveness of ordinance implementation, and adopts the following amendments to the Protected Tree Ordinance (18.18.070).

SECTION 3: The City Council makes the following findings:

A. The proposed Ordinance amendments are consistent with the General Plan.

Basis for finding: The proposed amendments are consistent with the goals, policies, and actions of the 2030 General Plan and as such promote the effective enhancement of the

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SECTION 4 : R eplacement of Code. Chapter 18.18 – Landscaping, and Section

18.18.070 – Trees, Chapter 18.41 Terms and Definitions of Title 18 – Zoning is hereby replaced with the language in Exhibit A.

SECTION 5: Pending Applications. As to applications for protected tree removal and/or pruning permits, which have been accepted, processing and review of such applications may continue, but shall be subject to the regulations and requirements listed in Exhibit A and Exhibit B, on the date the ordinance becomes effective.

SECTION 6: C alifornia Environmental Quality Act Determination. The City Council hereby finds that this Ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) under Sections 15378 and 15061(b)(3) of the of the CEQA Guidelines. The Ordinance is intended to continue the level of tree canopy protection existing in the current Ordinance while providing more clarity and better enforcement, and has no potential for resulting in physical change to the environment either directly or indirectly.

SECTION 7: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of San Carlos hereby declares that it would have adopted this Ordinance and such section, subsection, clause, phrase, or portion may be declared invalid or unconstitutional.

SECTION 8 : That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and, if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 9: This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption. *****
I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on 11th day of April, 2022 and adopted at a regular meeting of the City Council of the City of San Carlos held on the 25th day of April, 2022 by the following vote:

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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______________________________
CITY CLERK of the City of San Carlos

APPROVED:

___________________________
MAYOR of the City of San Carlos

Exhibit A: Proposed Changes to Chapter 18.18
Exhibit B: Proposed Changes to Chapter 18.41

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Attachment: Planning Commission Resolution PC2022-03-Final Unsigned (Permanent Protected Tree Ordinance)

CHAPTER 18.18 (PROPOSED DRAFT TEXT)
Chapter 18.18

LANDSCAPING
Section 18.18.070 Trees.

Protected trees are valued for their many contributions to the environment, public health and quality of life of the San Carlos community. Examples of those benefits include:

1. Provide shade;

2. Resiliency to climate change;

3. Improve air quality;

4. Provide shelter from wind;

5. Prevent erosion and landslides;

6. Protect against flood hazards;

7. Add to the city’s scenic beauty and character;

8. Recognize historical significance to our city;

9. Create natural gathering places;

10. Reduce noise pollution;

11. Enhance privacy;

12. Enhance neighborhood property values;

13. Provide habitat for wildlife.

14. Improve storm water management and improve water quality

15. Offset carbon emissions

16. Minimize the urban heat island effect
B. Definitions

1. “Applicant” is the person seeking a permit to remove or perform pruning on a Protected tree under this chapter.

2. “Administrative Guidelines” means staff-prepared regulations for implementation and interpretation of this chapter.

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Attachment: Planning Commission Resolution PC2022-03-Final Unsigned (Permanent Protected Tree Ordinance)

4. “Pruning” means the removal of one-fourth or more than one-fourth (25%) of the crown or existing foliage of the tree or one-fourth or more than one-fourth (25%) of the root system.

6. “City arborist” means city-retained arborist.

7. “Community of trees” means a group or grove of trees that are dependent upon each other for their survival and/or structural stability.

9. “Removal” means cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means; or pruning not done in conformance with a permit.

11. “Heritage tree” means any:

i. Indigenous tree whose size, as measured at fifty-four inches above natural grade (unless otherwise indicated), is defined below:
• Aesculus californica (buckeye) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.

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Attachment: Planning Commission Resolution PC2022-03-Final Unsigned (Permanent Protected Tree Ordinance) • Arbutus menziesii (madrone) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.
• Quercus agrifolia (coast live oak) measuring nine inches (9”) in diameter or greater.
• Quercus lobata (valley oak) measuring nine inches (9”) in diameter or greater.
• Quercus douglassii (blue oak) measuring nine (9”) in diameter or greater. • Quercus wislizneii (interior live oak) measuring nine inches (9”) in diameter or greater.
• Sequoia sempervirens (redwood) measuring fifteen inches (15”) in diameter or greater.
• Umbrellularia californica (California bay laurel) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring eleven inches (11”) in diameter or greater; Heritage Tree Species Minimum Protected
Diameter
Aesculus californica (buckeye) 9” diameter or greater
Arbutus menziesii (madrone) 9” diameter or greater
Quercus agrifolia (coast live oak) 9” diameter or greater Quercus lobata (valley oak) 9” diameter or greater
Quercus douglassii (blue oak) 9” diameter or greater
Quercus wislizneii (interior live oak) 9” diameter or greater Sequoia sempervirens (redwood) 15” diameter or greater
Umbellularia californica (California bay
laurel)
11” diameter or greater
ii. Community of trees;
iii. Trees designated by the City Council, based upon findings that the particular tree is unique and of importance to the public due to its unusual age, appearance, location or other factors.

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Packet Pg. 292
Attachment: Planning Commission Resolution PC2022-03-Final Unsigned (Permanent Protected Tree Ordinance)