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HomeMy WebLinkAbout101-Staff report - trees.pdf1 SARATOGA CITY COUNCIL MEETING DATE: July 7, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Kate Bear, Arborist DIRECTOR: John F. Livingstone, AICP SUBJECT: Discussion of Issues Related to Trees RECOMMENDED ACTION: Provide staff with direction on: 1. Heritage Trees and how they should be considered in the code. 2. Planting 2,015 trees by 2015, a Community based tree planting partnership and applying for a grant through the Environmental Protection Agency (EPA). 3. The appeal process for a tree removal permit application. REPORT SUMMARY: At the June 16, 2010 Council meeting, Vice Mayor Hunter suggested that the Heritage Preservation Commission (HPC) consider selected trees as “heritage” and that the Council strengthen the City’s Code to protect trees designated as “heritage”. Vice Mayor Hunter requested that this item be scheduled on a future meeting agenda, and Councilmember Cappello seconded the request. DISCUSSION: Heritage Trees Section (15-50.020(l)) of the City Code defines a heritage tree as any tree having historic value related to the heritage of the City and designated by action of the City Council, upon recommendation of the HPC. Currently the City of Saratoga has no trees that have been identified as “heritage”. In 2006, over 50 members of the community re-organized the Saratoga Heritage Tree Society, which had been disbanded in the 1980’s. They identified trees within the City of Saratoga that they considered to be distinctive, unique, long-lived or otherwise noteworthy. Anyone within the community could nominate a tree for consideration of this distinction, and a group of four judges made the final selection of 20 trees from all nominations. A book was created which includes the 20 trees selected and it can be viewed at the Historical Museum (http://www.saratogahistory.com). Locations of these trees were provided to the Council for 2 acknowledgement, and the Heritage Tree Society received a proclamation from the City Council on April 28, 2006, affirming their efforts to establish a list of heritage trees (Attachment “A”). The City of Saratoga has many majestic, old trees of a variety of species. These trees provide beauty and stateliness to the city, along with all of the usual benefits provided by trees. The benefits of trees are many, and include providing oxygen, removing carbon dioxide from the atmosphere, preventing erosion on hillsides, cooling homes with shade from their canopies, adding to property values, and increasing the aesthetics of streets and neighborhoods. Surrounding cities, such as San Jose, Palo Alto and Campbell, have lists of trees that are considered to be “heritage”. Selected trees are reviewed and included on a specific list that is periodically updated and adopted by the City Council. Attachment “B” includes criteria used by the City of Campbell. To create a list of designated heritage trees, the City could propose criteria for the determination of heritage trees and draft an amendment to the City Code Chapter 13 – Historic Preservation, to include those criteria. City Code Chapter 15-50 may require amendment to include the regulation of heritage trees if they will be treated differently than protected trees. A list of the 20 trees acknowledged in 2006 by City Council proclamation may be candidates for the City’s first heritage trees to be reviewed. Planting 2,015 Trees by 2015 On October 21, 2009, the City Council supported the proposal by Vice Mayor Hunter to plant 2,015 trees by the year 2015. This effort is to replace the urban and natural forest as trees are removed and to provide new young trees for future generations. A group of volunteers are tracking tree plantings throughout the City, so that the city can recognize efforts of property owners in planting trees. Some cities, such as Palo Alto and San Jose, use non-profit organizations to assist with tree planting. Our City Forest (OCF) is one such organization and operates in San Jose. They use a multipronged approach to ensure that trees planted survive after installation and have achieved a 90% success rate. OCF incorporates community outreach, trained volunteers, stewardship agreements, and health care follow-up into their process. They preselect tree suppliers, and inspect trees prior to planting. They train volunteers to assist with community tree planting projects. They require a signed 3-year stewardship agreement from the property owner prior to planting a tree, where the owner will agree to water it. Questionnaires about the health of the new tree are sent to residents for follow up, and to answer any questions about proper care for the new tree. Trees are provided to residents at no cost, but a commitment to care for them is required. OCF is interested in working with other cities in the south bay, and would be interested in doing similar work in Saratoga. Eighty percent of their work is funded by grants that they receive from the state and twenty percent of their funding would need to come from Saratoga. In organizing community tree planting projects, OCF recommends that events be planned around a location, such as a church, school, or section of a street, where a reasonable number of trees can be planted in one day. Many events are planned for a year to accomplish the desired number of trees planted. 3 To assist with funding for tree planting in Saratoga, federal grant opportunities are available from the EPA to carry out initiatives that will reduce greenhouse gas emissions (Attachment “C”). Tree planting projects could be considered such an initiative. The EPA expects to award approximately 25 grants to communities in amounts ranging from $100,000 to $500,000. The deadline for grant applications is July 26, 2010 at 4 pm EDT. The funds are expected to be awarded in February 2011. The El Quito Neighborhood Association has formed a landscape and lighting district and is interested in planting trees in their neighborhood using the funds in their landscape budget. They have expressed interest in planting several hundred trees in their neighborhood and want to start this project in the fall of 2010. To enhance tree planting efforts in Saratoga, the City could do one or all of the following: Option #1: Use a portion of the funds in the City’s Tree Fund to work through OCF for organized tree planting projects in the City. A contract between OCF and the City would be necessary. Option #2: Apply for grant funding from the EPA to assist with tree planting projects in the City. A grant proposal would need to be prepared and submitted by July 26, 2010. Appeals of Tree Removal Permit Applications Saratoga receives about 400 requests to remove trees each year. The process to obtain a tree removal permit requires the following steps: 1. The property owner submits an application to the City for review. The city arborist inspects the tree(s) and determines whether they meet the criteria set forth in the city code for removal. 2. If the tree(s) meet(s) the requirements for removal, and is not dead, fallen, or does not pose an emergency situation, a notice is sent to neighboring property owners within 150 feet, letting them know that the owner has requested a permit. The appeal period is 20 days and the deadline for appeals is noted in the public notice. 3. If no appeals are received by the deadline, a permit can be issued. If a resident wishes to appeal an application, they may file an appeal form with the Community Development Department. Appeals of administrative decisions are taken to the Planning Commission. Planning Commission decisions may be appealed to the City Council. The fee is $500 for Planning Commission appeals and $600 for City Council appeals. The appeal process is as follows: 1. Once an appeal is filed, a notice of public hearing is published and a notice is mailed to everyone within 500 feet of the applicant. 2. Staff prepares a report with the City’s view of the approval or denial and a resolution to reflect the staff recommendation. 3. Staff attends a pre-meeting site visit with the Planning Commission and attends the Planning Commission meeting at which the appeal is heard. At the public hearing, staff presents the City’s view on the appeal and responds to questions by the Commission. 4 Owners of the tree are generally requested to obtain an outside arborist report and must attend the public hearing. The decision by the Planning Commission may be appealed to the City Council. For comparison, in the City of Mountain View, if a tree is requested for removal, a sign is posted on the tree for 10 days. If there is no appeal, a permit is granted. If a tree application is appealed, the appellant pays a $15 fee. The appeal is heard by the City’s five-member Parks and Recreation Commission/Urban Forestry Board which meets once per month. The City has two arborists, one of whom attends the appeal hearing and provides the City’s viewpoint in a 5 – 10 minute presentation on why the application has been granted or denied. Prior to the meeting, the arborist will meet with the appellant at the tree in question to discuss why the City is approving or denying the application. On occasion an outside arborist report is obtained. Sometimes the applicant/property owner pays for this report and sometimes the City of Mountain View pays for the additional report. The decision of the commission is final and cannot be appealed. If tree appeals are to be considered in a manner that is different than other administrative appeals, an amendment to the City Code, Section 15-90 would be required. A change in the appeal fee would require a change in the City’s fee schedule. FISCAL IMPACTS: Fiscal impacts will depend on the direction from City Council. The cost to amend ordinances would be between $5,000 and $10,000 for City Attorney time, plus any staff time needed. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: 1. Saratoga will continue to have no designated Heritage Trees. 2. Saratoga may not reach the goal of planting 2015 trees in five years. 3. The appeals process will remain as it currently is. ALTERNATIVE ACTION: Provide staff with alternative direction. FOLLOW UP ACTION: Direct staff accordingly. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News. ATTACHMENTS: 5 A. List of 20 trees acknowledged by City Council Proclamation April 28, 2006 B. City of Campbell, criteria for consideration as a Heritage Tree. C. Email of grant funding opportunity.