Title
Public Hearing to recommend that the City Council approve an amendment to Alameda Municipal Code Section 13-21 to increase protection of historic/heritage trees, including adding a requirement for certified arborist review, establishing review standards, clarifying protected trees, and other miscellaneous administrative and clarifying amendments. The proposed amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15308.
Body
To: Honorable Chair and
Members of the Historical Advisory Board
From: Allen Tai,
Secretary to the Historical Advisory Board
BACKGROUND
On January 3, 2017, the City Council approved a Referral directing staff to review and update City ordinances “to increase protection of historic/heritage trees, including adding arborist peer review” (Exhibit 1).
Currently, the City of Alameda regulates the removal of Coast Live Oak (Quercus agrifolia) trees citywide and other tree species at specific locations. These other tree species include certain trees at “Christmas Tree Lane” on Thompson Avenue, plane trees that flank Central Avenue, and palm trees on Burbank Street. The regulations reside in the Historic Preservation Ordinance in Section 13-21 of the Alameda Municipal Code (AMC). At the direction of the City Council, staff reviewed the City’s current tree regulations and examined ways to strengthen Alameda’s tree regulations following industry best practices, as further discussed below.
ANALYSIS
Alameda currently requires a Historical Advisory Board (Board) Certificate of Approval before a protected tree can be removed. This process was last examined by the Board in 2012, when the Board passed a resolution that added specific criteria for reviewing tree removal requests (Exhibit 2). Staff proposes codifying provisions in that Board resolution as part of the AMC.
Under the current process, the City requires an arborist report and/or a licensed contractor report as part of the application submittal. An arborist report is required when the health of the tree is the reason for the tree removal request, while a report by a licensed contractor may also be required when the reason for tree removal is based on potential damage to nearby structures. Alameda’s process for seeking expert input allows the City to adequately evaluate and determine whether tree removal requests are valid and justified. This process is consistent with best practices in other cities that regulate tree removals.
Although the current review process is working, there are opportunities to strengthen the AMC by incorporating industry standards and definitions. Therefore, staff proposes the following measures to be added to AMC Section 13-21:
1. Add the findings for approval adopted by the Board in 2012.
2. Clarify the list of the protected trees by adding scientific names and specifying location(s) where trees are protected.
3. Define “Certified Arborist” by identifying the types of professionals that qualify as certified arborists under the AMC, referencing terminology used by the industry (International Society of Arboriculture).
4. Add a requirement for Tree Appraisal reports to be submitted along with a Certificate of Approval application.
5. Require that Tree Appraisals be prepared in accordance with ISA industry standards and guidelines.
6. Require consistency with the Street Tree Master Plan for applications that involve street trees.
7. Broaden the ability for the Board to place conditions of approval, as appropriate, under the confines of general law. The current Ordinance simply mandates a 2:1 replacement tree ratio without giving the Board an ability to consider the appropriateness of replacement trees or other conditions of approval that may be appropriate to the request.
These proposed amendments to the existing Historic Preservation Ordinance are provided in Exhibit 3. The proposed amendments satisfy the Council Referral to increase protection of historic/heritage trees by establishing a Tree Appraisal requirement tied to industry standards, codifying findings for approval, and broadening the powers of the Board to apply appropriate conditions of approval. The proposed amendments also meet the Council’s direction to mandate consistency with the Street Tree Master Plan where appropriate.
ENVIRONMENTAL REVIEW
The proposed amendment to strengthen the City’s tree preservation regulations is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), in that the proposed amendments to the City’s Historic Preservation Ordinance to strengthen tree removal application requirements can be seen with certainty will not have a significant effect on the environment. As a separate and independent basis, the proposed amendment is categorically exempt from CEQA under Section 15308, Actions by Regulatory Agencies for the Protection of the Environment, in that the proposed amendment involves the addition of procedures that will protect certain important trees species from unjustified removal.
PUBLIC NOTICE
This agenda item was advertised in the Alameda Sun. No comments were received by staff at the time this report was written. The proposed amendments were shared with the California Office of Historic Preservation (OHP) in April 2018, as required per Alameda’s membership in the State and national Certified Local Government program, and the OHP responded with no comments.
RECOMMENDATION
Hold a public hearing and recommend by motion that the City Council approve the proposed amendments to the Historic Preservation Ordinance to increase protection of historic/heritage trees, including adding arborist peer review.
RESPECTFULLY SUBMITTED BY:
Allen Tai
Planning Services Manager
Exhibits:
1. City Council Referral January 2017
2. Historical Advisory Board Resolution HAB-12-21
3. Proposed Amendments per Council Referral to Increase Protection of Historic/Heritage Trees - April 2018