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HomeMy WebLinkAbout(1998, 08/10) - G-1 - Amended0 G -1 RETENTION OR REMOVAL OF CITY TREES The purpose of this policy is to establish definitive standards for the retention, removal, maintenance, reforestation, and supplemental trimming of City trees. City street trees are an important part of the character and charm of certain communities and regular care, trimming, maintenance and programmed replacement are necessary to preserve this charm while protecting public and private property. SPECIAL CITY TREES It is the City's policy to retain City trees categorized as landmark, dedicated, or neighborhood trees which contribute to and give character to an entire neighborhood. Landmark, dedicated, and neighborhood trees are identified on Attachment 1, and shall hereinafter be referred to as Special Trees. Trees within these categories shall be established, mapped, recorded and maintained by the Parks, Beaches & Recreation Commission ( "Commission'). Special Trees shall be retained, unless there are exceptional problems which require their removal. Prior to consideration for removal of Special Trees, the General Services Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful in retaining a tree(s) then a full report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Trees, the City must comply with the noticing provisions of the Removal of City Trees section set forth in this policy. During normal sidewalk, curb, and street repair activity requiring root pruning, all steps will be taken to retain Special Trees. If tree roots are to be pruned in association with hardscape improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a tree's root are to be pruned, one side should be pruned a year in advance of the other side. ALL OTHER CITY TREES It is the City's policy to retain all other City trees unless removal is necessary for one of the following reasons: 1. The City tree has had a history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, or foundations based on City 1 G -1 records or other competent and reliable authority despite specific treatment by the City to alleviate repeated damage. 2. The City tree has had a repeated history of interfering with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage. 1 The City tree is dead, diseased, or dying. 4. The tree(s) must comply with the criteria for reforestation as contained in the Reforestation of City Trees section of this policy. 5. The tree(s) have been requested to be removed in conjunction with a City Council- approved neighborhood or community association beautification program. REMOVAL OF CITY TREES The initiation to remove any City tree may be made by the General Services Department, Public Works Department, a legally established community association, or • a private property owner by making application with the General Services Director. After receipt of the application a tree inspection report shall be prepared by the City's Urban Forester (Attachment 2) to determine if the tree(s) meets the criteria outlined above for consideration for removal. Simultaneously, a notice shall be provided to the affected property owner and the owners immediately adjacent to the applicant's property, and the appropriate community association if applicable. The Urban Forester shall determine whether in his /her judgment additional specific treatment can be initiated to retain the tree. If a tree(s) is to be removed, the tree(s) will be marked at least 30 days prior to the removal with a white X (using temporary paint) and posted with a sign notifying the public that they have the right of appeal. The sign shall also note a staff contact. Once a recommendation is made by the Urban Forester and the Park and Tree Superintendent to the General Services Director and the General Services Director or designee concurs, then the applicant, the adjoining owners, and the community association if applicable shall be notified of the decision to remove or retain the tree within 30 days of the proposed removal. The General Services Director, or his designee, shall report at a regularly scheduled PB &R Commission meeting of all trees recommended for removal using the Trees Division Activities Report, except for those trees categorized in paragraph 3 in the preceding section on All Other City Trees. An applicant, an adjoining property owner, or any interested party may appeal the decision of the General Services Director to the Commission, and if the appeal cannot be • 2 G -1 resolved at the Commission level, then the final resolution will be determined at the City Council level. The Commission and Council, in considering any appeal, shall determine whether the removal meets the criteria outlined in this policy, as well as any unique factors which may be pertinent to the removal or retention of tree(s). An appeal to the Council regarding a Commission tree decision must be received by the General Services Department no later than 14 calendar days following the date of the Commission decision. The General Services Department will delay any tree removals until the appeal period has expired or until the Council has acted upon the appeal. REFORESTATION OF CITY TREES It is recognized and acknowledged that City trees were planted many years ago and in some cases were planted with specific species that when fully mature create significant problems in curb, gutter, sidewalk or underground utilities. In certain neighborhoods, mature City street trees may encroach into blue water views from public and private property depending on the length of time since the trees were last trimmed. Today, arborists have developed lists of tree species which are able to grow in restricted parkway areas without causing significant future problems to curb, gutter, sidewalk, utilities or views. The concept of systematically replacing mature trees which are creating hardscape and /or view problems and cannot be properly trimmed, pruned or modified to alleviate the problems they create, or those which are reaching their full life and are declining in health, is referred to as reforestation. As a City which understands the importance of trees and the beauty it brings to a community, the City desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City should expeditiously replace them with the appropriate designated City tree. Reforestation may also be initiated by residents utilizing the process outlined below. The City shall require the proper care and watering of replacement trees to ensure their proper growth and development as outlined in City Council Policy G -6. Furthermore, no person shall tamper with replacement trees in violation of Section 13.08.040 of the Municipal Code. Individuals or parties desiring to reforest City trees in their respective area, may submit a request to the General Services Director for consideration by the Commission that meets the following requirements: 3 G -1 a. The proposed area must have clearly defined contiguous boundaries that include the trees proposed for removal and replacement, street addresses, block numbers, or other geographical information. b. Residential communities, neighborhoods or business organizations must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. A neighborhood is defined for the purposes of this policy as ten or more homes in any given area of the City. As an alternative, areas represented by a legally established community association empowered with CC & R's, may submit a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the community association have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. C. A written agreement by the petitioning sponsor to pay 100% of the costs of the removal and replacement of the public trees in advance of any removal activity. The actual removal and replanting will be coordinated by the General Services Department. The total costs shall include only the contractor's removal and replacement costs and be paid in advance of any removal actions. • d. The replacement tree must be the designated street tree as prescribed by City Council Policy G -6, or the organization must request and have approval from the Commission of the designation of a different tree species. e. There shall be a minimum of a one - for -one replacement of all trees removed in reforestation projects. Replacement trees shall be a minimum size of 24" box trees. In the event that the Parks, Beaches and Recreation Commission does not approve the reforestation request, the applicant has the option to appeal the proposal to the City Council. The applicant shall have ten (10) calendar days to appeal the decision of the Commission, by letter, to the General Services Director. The General Services Director shall submit the appeal to the City Council for review within thirty (30) days of receipt of the appeal. TREE TRIMMING STANDARDS /SUPPLEMENTAL TRIMMING The City Council has adopted tree trimming cycles for trees of different ages and species. The current tree trimming cycles and trimming standards represent the maximum feasible frequency and extent of trimming given current fiscal conditions. • 4 G -1 Except as provided in this Section, trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA). The City will consider, and as a general rule approve, requests to trim certain trees more frequently or to trim trees consistent with practices applied prior to the adoption of ISA standards (to enhance public and private views, preserve required sight /distance standards, or other public purposes) which are submitted by affected residents or the board of a legally established community association and the request is accompanied by a completed "Supplemental Tree Trimming Form" and full payment. The General Services Director shall establish procedures to implement the supplemental trimming provisions of this Policy. An approval must be obtained from a legally established association by the requestor in areas with an active homeowners' association. Note: (Attachment 1- Preservation of Special Trees) Attachment 2- Tree Inspection Report) Adopted - May 9,1966 Amended - August 14,1967 Amended - November 9,1976 Amended - November 12,1985 Amended -November 28,1988 Amended - March 14,1994 Formerly I -9 Amended - April 11, 1994 Amended - February 26,1996 Amended - July 14,1997 Amended (Administratively) - November 24,1997 Amended - August 10, 1998 5