Loading...
24 Staff Report - Approving the Revised Master Tree ListMEETING DATE: 6/15/09 N ITEM NO: SOS c~°S COUNCIL AGENDA REPORT DATE: JUNE 4, 2009 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: REVIEW OF AND DIRECTION REGARDING THE TREE REMOVAL PERMIT PROCESS AND ADOPTION OF A RESOLUTION APPROVING THE REVISED MASTER TREE LIST RECOMMENDATION: Review of and direction regarding the tree removal permit process and adoption of a resolution approving the revised master tree list. BACKGROUND: Trees can be beneficial to the surrounding community for many reasons. While most trees are selected and planted for aesthetics or shade, the benefits often are greater. There are also economic, social, environmental, and architectural benefits of proper tree selection. Trees can provide shaded gathering areas for the community; they can also increase property values and enhance the architecture of community facilities as well as private residences. From an environmental perspective, trees can also provide the following benefits: • shading, reducing the need for climate control; • erosion control; • stability to hillside areas; • improved air quality by filtering air and processing greenhouse gases; • habitat for wildlife native to the area. However, maintaining a healthy, sustainable urban forest is a complex undertaking. There can often be legitimate competing reasons to remove trees or to keep them in place. Additionally, trees particularly publicly owned trees - can be viewed as part of the Town's infrastructure, PREPARED BY: TODD CAPURSO Director of Parrs and Public Works Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development N:1PPVAMANAGEML-:NTICOUNCILICOUNCILREPORTS12009 reportAiune t 5\Tree. Removal. Permit, Process. Review.jun09.dov. PAGE 2 JUNE 4, 2009 MAYOR AND TOWN COUNCIL SUBJECT: REVIEW OF TREE REMOVAL PERMIT PROCESS AND APPROVAL OF THE REVISED MASTER TREE LIST requiring extensive management and maintenance resources, depending on the location, age, condition, and type of tree. The Town of Los Gatos has recently been designated a Tree City USA by the National Arbor Day Foundation for the twenty-ninth consecutive year. For this honor to be bestowed, the Town must demonstrate a commitment to an effective ongoing community forestry program and must meet several criteria, including the institution of a tree care ordinance as well as a comprehensive community forestry program. T)TSC:1 MUM- The Town maintains an inventory of over 20,000 trees in public areas. These areas include parkstrips (street right-of-way), parks, street median islands, and other public facilities. In addition to the inventory of public trees, there is a substantially larger amount of trees on private property within the Town. Although these trees are on private property, the Town recognizes that these trees provide value to the community at large and has adopted rules and regulations to ensure that the inventory of trees within the Town is maintained at a high level. The issue of tree removal and replacement has been prominent in recent discussions regarding development, both public and private. These discussions have led to Council inquiries requesting clarification both public and private tree management processes. While reviewing both processes, it became clear that the Master Tree List needed to be revised and its purpose clarified. The most recent revisions to this list began in 2005 and an amended list was adopted by Town Council on February 21, 2006. Additional questions have also arisen with regard to potential situations and/or species that may be exempted from the tree removal process. Trees in Public Arens: All trees on Town-owned property are protected under the Town Code. Chapter 26 of the Town Code, "Trees and Shrubs," primarily addresses trees in public areas. This chapter of the code opens with the following statement: "It is for the best interests of the Town that a comprehensive plan for the planting, maintenance and removal of trees in, or which may overhang, public streets within the Town should be developed and established; and this chapter is adopted for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, maintaining and removal of such trees." Chapter 26 further states that the Department of Parks and Public Works (PPW) has jurisdiction and control over the planting, location, selection and placement of all trees in the public areas of the Town. PPW is also responsible for the control of the care, trimming, removal, relocation, and replacement of these trees and only trees which are designated on the Town's Master Tree list (or specifically approved by the Director) shall be planted along the public streets of the PAGE3 JUNE 4, 2009 MAYOR AND TOWN COUNCIL SUBJECT: REVIEW OF TREE REMOVAL PERMIT PROCESS AND APPROVAL OF THE REVISED MASTER TREE LIST Town. Because these trees are in public spaces and are of direct benefit to residents of the Town, activities regarding these trees are strictly regulated. As stated in Chapter 26: • No one shall plant or set out any tree in or along a public street without first filing an application and procuring a written permit to do so from the Department of Parks and Public Works; • No one shall trim or prune any tree in the public right-of-way without written authorization from the Director. When a tree in a parkway does not constitute an immediate danger to persons or property, the Director shall not remove it without giving at least ten days written notice to the owner of the property. Under these sections' provisions, decisions of the Director concerning notices to cut down, trim, or remove a tree are only appealable to the Parks Commission (within ten days of the decision). There are two other elements of Chapter 26 worth noting with regard to the replacement of street trees: • No one shall plant, move, remove or replace any tree in the public streets or public places within the Town, or cause the same to be done, without first obtaining a permit; • No one shall place or permit any trees, shrubs or plants in boxes on any street or sidewalk without first having applied for and received a permit from the PPW. In managing Town-owned trees, staff must often balance competing needs as described earlier in this report. Public safety and Town liability are primary concerns that are considered in assessing and prioritizing trees for trimming and potential removal. Each factor must be carefully considered and weighed as appropriate. As an example, trees in parkstrips (which can impact traffic and pedestrians) and trees adjacent to gathering areas in parks and civic grounds are treated and maintained differently than trees in natural areas or open spaces. Additionally, when public trees are removed, every effort is made to replant additional trees on the same site, as appropriate. In instances where this is not feasible, the replanting efforts may be done on an alternative public site as appropriate. Trees on Private Property: Chapter 29 of the Town Code is the Zoning Ordinance. Division 2 of Chapter 29 is entitled "Tree Protection," and pertains to trees on private property. This Chapter provides the definition of protected trees on private property. This chapter of the code opens with the following statement: PAGE 4 JUNE 4, 2009 MAYOR AND TOWN COUNCIL SUBJECT: REVIEW OF TREE REMOVAL PERMIT PROCESS AND APPROVAL OF THE REVISED MASTER TREE LIST "This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus, Sycamore, Redwood, Pine and other trees, and contains individual trees of great beauty. The health and welfare of the citizens of the Town require that these trees be saved in order to preserve the scenic beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards and risk of landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees contribute significantly to the value of land in the Town. It is the intent of this division to regulate the removal of trees within the Town in order to retain as many trees as possible consistent with the purpose of this section and the reasonable use of private property. It is the intent of this division to preserve as many protected trees as possible throughout the Town through staff review and the development review process. This section does not supersede the provisions of division 26 of this Code." Chapter 29 provides the definition of protected trees and states that this applies to every property owner and to every person, corporation, partnership, sole proprietorship or other entity responsible for removing, maintaining or protecting a tree. Protected trees are defined as: 1. All trees which have a twelve-inch or greater diameter of any trunk, where such trees are located on developed residential property; 2. All trees of the following species which have an eight-inch or greater diameter: a. Blue Oak (Quercus douglasii) b. Black Oak (Quercus kellogii) c. California Buckeye (Aesculus californica) d. Pacific Madrone (Arbutus menziesii); 3. All trees which have a four-inch or greater diameter of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required; 4. Any tree that existed at the time of a zoning approval or subdivision approval and was a specific subject of such approval; 5. Any tree that was required to be planted or retained by the terms and conditions of a development application, building permit or subdivision approval in all zoning districts, tree removal permit or code enforcement action; 6. All trees which have a four-inch or greater diameter of any trunk and are located on a vacant lot or undeveloped property; 7. All trees, which have a four-inch or greater diameter of any trunk and are located on developed commercial, office, or industrial property; 8. All publicly-owned trees growing on Town lands, public places or in a right-of-way easement; 9. A protected tree may also be a stand of trees, the nature of which makes each dependent upon the other for the survival of the stand. Regarding protected trees, it is unlawful to: 1. To remove or cause to be removed any protected tree in the Town without obtaining a permit to do so. PAGE 5 NNE 4, 2009 MAYOR AND TOWN COUNCIL SUBJECT: REVIEW OF TREE REMOVAL PERMIT PROCESS AND APPROVAL OF THE REVISED MASTER TREE LIST 2. For any person or business entity engaged in the business of removing trees or tree care to remove a protected tree without a permit under this division. Applications for a protected tree removal permit for trees on private property are under the jurisdiction of the Community Development Department (CDD). However, the authority to manage this process at the field level for residential and commercial property tree removal has been delegated to PPW. Applications for tree removal may be denied, granted, or granted with conditions. Applications for the removal of trees on private property shall include the followmg minimum information for staff review: 1. A completed tree removal application form, signed by the property owner or agent. 2. A written explanation of why each tree should be removed and how it meets the Town's standard for allowable removal. 3. Photograph of tree(s) as appropriate 4. If required by the Director, a certified or consulting arborist's written assessment of the tree's disposition shall be provided for review by the Town. 5. Permit fee, as established by Town resolution. The Town Arborist shall determine whether to grant the permit and may consult with the Department Director, other Town departments, or outside agencies at his/her discretion. However, when a development application for any zoning approval or subdivision of land, including lot line adjustment, is under consideration by the Planning Commission, the tree removal permit determination shall be made concurrently by the Planning Commission with relation to the matter. The Arborist (or Planning Commission) can impose replacement requirements as a condition for which a protected tree removal permit is granted (except when removal is permitted if the tree is dead or a hazardous condition exists). The replacement requirement options available to the Town are as follows: 1. Two or more replacement trees (species and size identified by PPW) to be planted on the subject private property. The Tree Canopy--Replacement Standard Table (Attachinent 2) is be used as a basis for this requirement. The party requesting the permit shall pay the cost of purchasing and planting the replacement trees. 2. If a tree camiot be reasonably planted on the subject property, the value of the removed tree(s) shall be paid to the Town Forestry Fund with which to add or replace trees on public property in the vicinity of the subject property, or on other Town property. The replacement value of the tree will be determined using the most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree and Landscape Appraisers. PAGE 6 JUNE 4, 2009 MAYOR AND TOWN COUNCIL SUBJECT: REVIEW OF TREE REMOVAL PERMIT PROCESS AND APPROVAL OF THE REVISED MASTER TREE LIST Decisions regarding tree removal permits, with regard to the removal itself or the replanting requirements, are appealable to the Planning Commission. Potential Exemptions: A recent question was raised as to the designation of Eucalyptus as a protected tree, specifically with regard to its relatively high fire potential, particularly in the hillside communities. In an effort to address this issue, staff first consulted several fire agencies, both local and state-wide, to obtain additional perspective on the issue. The Santa Clara County Fire Department (SCCFD) provides the following list of preventative measures (regarding trees and vegetation) to reduce the risk of loss or damage to a home in the event of a hillside fire: • All flammable vegetation should be cleared a minimum of 30 feet around structures. • Ornamental shrubbery and trees should be cleared of dead leaves and branches. • Roofs, eaves, and rain gutters should be cleared of pine needles, leaves, or other dead or dying wood. • Tree limbs should be cut within 10 feet of chimneys and/or stovepipes. Dead limbs hanging over the house or garage should be trimmed. The SCCFD does not designate a particular tree or shrub species as being more dangerous than any other within the designated 30 foot clearance zone; however, several other agencies within the State have specifically identified particular species of both Eucalyptus and Pine as posing a higher fire danger than other tree species. While Town Code currently lists Eucalyptus alongside other species such as Oak, Bay, Redwood and Sycamore which contribute to the Town's forested beauty, staff recognizes the potential liability and danger associated with the Eucalyptus and Pine (as well as other species) under certain conditions. Due to the concerns regarding fire prevention and recognizing certain tree species present higher fire danger than others, staff is proposing the following amendments to Town Code. For properties within the Wildland-Urban Interface Fire Area (as defined by Chapter 9 of the Town Code): • Eucalyptus and Pine trees will no longer be defined as protected trees if they are located within 30 feet of a private residence or other structure. Permits for the removal of trees in this category will be issued on a no-fee basis. Replacement trees or other mitigation will not be required. PAGE 7 JUNE 4, 2009 MAYOR AND TOWN COUNCIL SUBJECT: REVIEW OF TREE REMOVAL PERMIT PROCESS AND APPROVAL OF THE REVISED MASTER TREE LIST • For all other species, retain current definition of protected trees; however, a permit for removal may be granted if the tree is located within 30 feet of a private residence or other structure. Retain current replacement tree/mitigation process. The Master Tree List: The current Master Tree list is identified in Chapter 26 of the Town Code, the section pertaining to public trees. This document has also been referred to as the Street Tree list and has also been used as a resource to provide guidance regarding private development. Over time, the propose of this document has become ambiguous and it has become necessary to re-visit the purpose and content of the list. The Parks Commission convened a working committee comprised of two Commissioners and the Town Arborist to evaluate the current list of tree species, make recommendations regarding additions and deletions, and clarify the purpose of the list. After several work sessions, it was agreed that the Master Tree list has a more inclusive purpose than strictly a Street Tree list. The revised list should serve as a resource for planting on all Town-owned properties, including street trees (in both parkstrips and median islands), parks, open spaces, and other civic grounds. This revised list also includes several notations with regard to the appropriateness of species and locations, as well as the purpose and usage of each. This newly revised list was presented to the Parks Commission at their meeting of June 2. The Parks Commission voted unanimously to recommend to the Town Council that this revised Master Tree List replace the previous version of February 2006, and that its role be further clarified as applicable to all Town property and right-of=way. CONCLUSION: Staff recommends that the Town Council adopt the revised Master Tree List, which was recommended by unanimous vote of the Parks Commission at their regular meeting held June 2, 2009. Additionally, staff requests Council input and direction regarding the proposed amendments to Chapter 29 of the Town Code, regarding the definition of protected trees. ENVIRONMENTAL ASSESSMENT: There is no environmental impact to the Town at this time. FISCAL IMPACT: There is no fiscal impact to the Town. PAGE 8 JUNE 4, 2009 MAYOR AND TOWN COUNCIL SUBJECT: REVIEW OF TREE REMOVAL PERMIT PROCESS AND APPROVAL OF THE REVISED MASTER TREE LIST Attachments: 1. Resolution of the Town Council approving the Master Tree List (Exhibit A) revised and approved by unanimous vote of the Parks Commission on June 2, 2009 2. Tree Canopy - Replacement Standard Table Attachment I RESOLUTION 2009 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE REVISED MASTER TREE LIST WHEREAS, in January 2009, the Parks Commission agreed to revise the Town's Master Tree List to include trees more appropriate to our community and climate; and WHEREAS, Park Commissioners had meetings and discussions with the Town Arborist and other staff to edit the Town's list of approved trees; and WHEREAS, the Parks Commission voted unanimously on June 2, 2009 to accept the Master Tree List with the changes and edits made by the Parks Commissioners. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos agrees to approve the revised Master Tree List (attached hereto as Exhibit A). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1 Sty' day of June, 2009, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A MASTER TREE LIST (revised June Z 2009) (attach 2 -page document) Master Tree List Names (Common and Scientific) Revised June 2009 Notes EXHIBIT A Aristocrat Pear (Pyres Calleryana 'Aristocrat) Australian Willow (Giejere Parviflora) Big Leaf Maple (Acer Macrophyllum) Black Tupelo (Nyssa Sylvatica) Consider as a replacement for Liquid Amber Bradford Pear (Pyres Calleryana 'Bradford) Cajeput Tree (Melaleuca Leucadendra) California Bay (Umbellularia Californica) California Buckeye (Aesculus Califomica) California Sycamore (Platanus Racemosa) Camphor Replacement Only (Cinnamomum Camphora) Canary Island Pine Not suitable as street tree (Pinus Canariensis) Carolina Cherry Susceptible to blight (Prunus Caroliniana) Chinese Pistachio Select neighborhoods only (Pistacia Chinensis) Coast Live Oak (Quercus Agrifolia) Coast Redwood Replacement Only (Sequoia Sempirvirons) Crape Myrtle (Lagerstroemia Indicia, L. x Fauriei) Dawn Redwood Not suitable as street tree (Metasoquoia Glyptostroboides) Master Tree List Names (Common and Scientific) Revised June 2009 Notes European Hackberry (Celtis Australis) Flaxleaf Paperbark Select neighborhoods only (Melaleuca Linariifolia) Flowering Pear (Pyres Kawakama) Goldenrain (Koelereuateria Paniculata) Holly Oak Quercus llex Jacaranda (Jacaranda Mimosifolia) London Plane Select neighborhoods only. Prohibited landscape (Platanus Acerifolia) plant on SCVWD creeks Madrone (Arbutus Menziesu) Maidenhair Male only, including selected forms Gingko Biloba Marina Madrone (Arbutus x 'Marina Purple Leaf Plum (Prunus Blireana) Red Maple Acer Rubrum Sawleaf Zelkova Zelcova Serrata Southern Magnolia Including selected forms, Replacement Only (Magnolia Grandiflora) Valley Oak Quercus Lobata Wester Redbud (Cercis Occidentialis) White Alder (Alnus rhombifolia) White Birch Parks Only Betula Alba Attachment 2 Tree Canopy - Replacement Standard Table: COLUMN 1 COLUMN 2 COLUMN 3 Canopy of the Replacement trees Alternative tree removed tree Two 24 inch box size One 36 inch box 4 feet--9 feet (Minimum) size Two 36 inch box 10 feet--27 feet Three 24 inch box size size Two 48 inch box 28 feet--40 feet Four 24 inch box size size Two 36 inch box 40 feet--56 feet Six 24 inch box size size Two 48 inch box size Two 24 inch box and 56 feet--60 feet two 36 inch box plus two 48 inch box size 60 feet + Notes: • To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size. It is not always possible to replace a single large, older tree with an equivalent tree(s). In this case, the tree shall be replaced with a combination of both the Tree Canopy and Tree Value Standards as determined by the Arborist.