Amendment of Pasadena Municipal Code Title 8, Chapter 8 Amendment of Pasadena Municipal Code Title 8, Chapter 8.52, City Trees and Tree Protection Ordinance City Council April 03, 2017 The Department of Public Works is recommending that the City Council direct the City Attorney to amend Section 8.52 of the Pasadena Municipal Code.

Presentation Summary Presentation Topics Amendment to the Tree Protection Ordinance to strengthen penalties for violations Improved tree protection conditions for development and construction projects The proposal seeks to amend the PMC to include stronger language pertaining to penalties for violating the Trees and Tree Protection Ordinance. The Urban Forestry Advisory Committee supported the proposal to amend the TPO at its Feb 8, 2017 meeting; and the MSC supported this item at its Feb 28,2017 meeting. Additionally, this presentation includes summary information about revised tree-related project conditions used to enhance tree protection during construction projects.

Tree Protection Ordinance Existing penalties of the Tree Protection Ordinance: Do not serve as a strong deterrent against violations Do not allow the City to recover costs associated with damaged or illegally removed trees Under current PMC language, administrative citations are used to address violations First citation is $108 All violations are treated in the same manner Concerns about adequacy of penalties have been expressed at public meetings of UFAC Current PMC language does not serve as a strong deterrent against violations of the Tree Protection Ordinance and does not facilitate the recovery of costs associated with damaged or illegally removed trees. Violations are commonly treated as administrative citations, with an initial citation amount of $108, regardless of the tree size or species, or the type of violation. Public comment advocating for stronger penalties for violations for protected trees has been received at UFAC meetings.

Tree Protection Ordinance Proposed amendments to the TPO Empower the City to assess the following costs for TPO violations as a standard administrative practice, absent adjudication by the City Prosecutor's Office Assessed value of tree per current ISA methodology Removal cost (if applicable) Costs associated with corrective pruning Increase administrative citations Suspension of applicable licenses and permits for repeat offenders The recommended action would allow the Department to work with the CAO to develop language that would specify that violators are subject to payment of: The assessed value of the impacted tree; and Tree removal or corrective maintenance costs when applicable The proposed amendment would also allow for the development of a separate, higher citation schedule for tree protection violations. * In cases of repeat offenders, the City may also revoke applicable permits and business licenses

Tree Protection Ordinance SAMPLE TREE ASSESSED VALUATIONS Diameter at Breast Height (DBH) Species Name Common Name Condition 7" (small) 14" (medium) 21" (large) Podocarpus macrophyllus Yew pine Fair $1,500 $5,800 $12,500 Quercus ilex Holly oak $1,600 $4,800 $10,000 Ficus microcarpa Ficus $2,000 $9,500 Fraxinus uhdei Shamel ash $1,300 $2,900 $5,500 The proposed language would allow the City to recapture the assessed value of trees that are illegally removed or damaged in a manner that would require removal. This slide provides examples of the assessed value of four different tree species at three different sizes. While there are a number of variables that determine the actual assessed value of a tree, this information is intended to provide a reasonable estimate for these values. Based on the examples used in the chart, values range from $1,300 for a small Shamel Ash tree to nearly ten times that amount for a Yew Pine. Condition, location, size and species type are all variables that are used in determining the actual valuation. * Condition ratings: poor, fair, good, and excellent

Tree Protection Ordinance Examples of illegal activities that should warrant higher citations: Topping Lion Tailing Root Zone Compaction These pictures illustrate different forms of illegal activities – pruning and root zone compaction – all of which are harmful to a tree’s condition. In 2014, the City issued 32 citations for tree-related violations. In 2015, 26 were issued. And in 2016, 23 were issued.

Municipal TPO Comparison Burbank Glendale Public (All Trees) Private (Select Species) Illegal Pruning Misdemeanor Infraction; or Misdemeanor; and Civil Penalties ($10K max per offense) Illegal Removal Assessed Value Assessed Value; (Permit Denied) = 3 x Assessed Value; and Suspension of Permits Assessed Value; and Suspension of Permits Department staff started researching other Municipal Tree Protection Ordinances The research will be provided in-discussions with the CAO After contacting some of the municipal agencies in-review, it was disclosed that the TPO language may be codified in their municipal code, but the practice and enforcement may not be standardized/commonly used

Municipal TPO Comparison Arcadia West Hollywood Public (All Trees) Private (Select Species) Illegal Pruning Misdemeanor Misdemeanor; Cost for Corrective Work Illegal Removal Fine; Assessed Value; Planting Replacement Trees; and Suspension of Permits Misdemeanor; Administrative Fine; Equal Replacement Cost for Subject Tree

Municipal TPO Comparison Santa Monica Palo Alto Public (All Trees) Private (Select Species) Illegal Pruning Infraction; or Misdemeanor; Administrative Fine; and Civil Penalties Suspension of Permits; and Civil Penalty ($5K max per offense) Illegal Removal Infraction; or Misdemeanor; Administrative Fine; Civil Penalties; and Assessed Value Suspension of Permits; and Civil Penalty ($5K max per offense); or Assessed Value

Conditions for Construction Projects The Department also wanted to make the City Council aware of a separate effort to enhance the protection of trees, through amended conditions for tree protection during development projects. The image shown on this slide is the new chain link fencing standard that is now being used as a condition for development projects.

Conditions for Construction Projects The Department recently amended tree protection conditions for construction projects Tree Protection Plan prepared by a registered Landscape Architect or certified Arborist Tree Protection Plan is subject to review by staff and includes fencing and parkway cover Bond amount for public tree liabilities including assessed value and removal cost Newly planted trees must be maintained by the applicant for one year after the Certificate of Occupancy is issued In addition to the chain link fencing requirement, which provides for a 4 foot high fence around the dripline of protected trees, tree protections include: The submittal of a Tree Protection Plan that must be developed by a Landscape Architect or Cert Arborist That plan must include all trees to be protected, show the tree protection zones, and location of fencing. The plan is subject to Department review:

Conditions for Construction Projects Tree Protection Zone includes: - 7’ clearance from driveways - 4’ chain-link fencing to the extent of dripline of tree - 4’ clearance from all construction-related activities - Maintained irrigation through duration of construction - Additional protection may include parkway cover, such as trench plates for exposed section of root zone of tree

Conditions for Construction Projects Before After Picture on left: prior construction situation without protective fencing Picture on right: interim measures to address situation

Committee Recommendations On February 8, 2017, the Urban Forestry Advisory Committee voted unanimously supported the Department’s efforts to begin the process of amending the TPO On February 28, 2017, the Municipal Services Committee unanimously supported the Department’s efforts to direct the City Attorney to prepare and amendment to the TPO

Recommendation The recommended action to safeguard City trees is exempt from CEQA pursuant to Article 5, Section 15061 (b)(3); and Direct the City Attorney to amend the Pasadena Municipal Code Title 8, Chapter 8.52, City Trees and Tree Protection Ordinance