Loading...
HomeMy WebLinkAboutPlanning Commission Study Session Item - Tree Protection Ordinance_2 Staff Memo to the Planning Commission Date: 24 April 2024 Subject: Tree Protection Ordinance To: Planning Commision From: Office of Sustainability Summary: The Sustainability Department has drafted a Tree Protection Ordinance to support the goal of becoming a recognized Tree City USA community and fulfilling goals envisioned in the City Council adopted 2016 Sustainability Master Plan. This memo is to provide a general overview of the concepts within the ordinance and provide an update on the progress of implementing the Tree Ordinance. Background The Sustainability Department introduced the plan to develop and implement a Tree Ordinance in order to support the goals of becoming a recognized Tree City and protecting the City’s urban forest. The department initially introduced the general idea, steps for drafting the ordinance, and benefits of implementing such an ordinance to the Sustainability Commission in October 2023. Furthermore, the State Water Resources Board introduced a proposed regulation that would limit water usage across the state in efforts to increase water conservation and promote more efficient use. In the drafting of this regulation, the State Water Resources Control Board expressed that extra leeway for landscape efficiency targets would be given to communities with Tree City recognitions and programs that support “climate ready landscapes”. Staff Analysis The Department has taken steps needed to draft a Tree Ordinance. These steps include researching similar ordinances passed in other cities, researching the current standards and processes within the City of Palm Springs as it relates to urban forestry, meeting with other City departments to understand the impact of such legislation, and drafting an ordinance the would be applicable to the City of Palm Springs and its climate. Other cities where similar ordinances have been passed includes but is not limited to the City of Indian Wells, the City of Riverside and the City of Moreno Valley. It should be noted that the only city in the Coachella Valley with a Tree Ordinance and that is recognized as a Tree City USA community is the City of Indian Well. Other cities with ordinances used in this research are the City of Palo Alto, City of El Cerrito, City of Rancho Cordova and City of Laguna Beach. After researching these ordinances, the staff has drafted the document, modeling texts that would be the most appropriate for the City of Palm Springs and its goals. In addition to this, the staff met with the Department of Planning, the Department of Public Works and Code Enforcement to review the details of the ordinance and understand the scope and impact. This Tree Protection Ordinance would address management and processes for these subjects: 1. Authority and Power 2. Tree Planting and Care Standards 3. Prohibition Against Harming Trees 4. Removal of Trees 5. Replacement of Trees 6. Tree Protection During Land Development 7. Adjacent Owner Responsibility 8. Trees Declared a Nuisance 9. Tree Stumps Model codes used in the drafted ordinance from other cities can be found in Appendix A. Conclusion This ordinance aims to uphold the vital role that trees play in the City of Palm Springs by establishing planting, maintenance, removal, and replacement procedures to ensure the health, safety and aesthetic appeal within the City. Establishing a clear standard and procedure for urban forestry within the City by promoting responsible tree management, this ordinance seeks to preserve and enhance Palm Springs’ urban forest for the benefit of the residents, visitors, and the environment. Aligning with the City’s sustainability goals. After thorough research and consultation with relevant departments and stakeholders, the proposed ordinance is undergoing further review by the City’s legal team. Appendix A – Reference City Codes City of Burbank - Trees and Vegetation City of Corona - Community Urban Forest and Landscape Guidlines City of El Cerrito - Trees and Shrubs City of Indian Wells - Trees and Shrubs City of Laguna Beach - Trees and Vegetation City of Moreno Valley - Tree Care City of Palo Alto - Tree and Landscape Preservation & Management City of Rancho Cordova - Preservation and Protection of Private Trees