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2010-02-16 6-C CorrespondenceXTERNAL CORRESPONDENCE CHRISTOPHER BUCKLEY 1017 SAN ANTONIO AVENUE R` E E I V E D ALAMEDA, CA 94501 2010 r Lu I s P 12* 1 T AL- AEA C1 T Y CLERK",".", OFFICE (By electronic transmission) Mayor and Councilmembers City of Alameda 2263 Santa Clara Avenue Alameda, CA. 94501 February 15, 2010 Subject: Comments on Draft Street Tree Plan (Item 6 -C on City Council's 2 -16 -10 agenda) Dear Mayor Johnson and Councilmembers: I would thank- to tha the City for updating the street tree plan. Many of the species listed in the existing plan have proven to be undesirable while additional species have acquired a good track record as street trees and should be included. The draft plan keeps the best futures of the 1989 plan and builds upon them to create a much unproved plan. I would also like to thank Public Works staff for incorporating most of the major comments submitted by me and other members of the public into the draft Plan, including the exhibits attached to the City Council staff report. Public Works staff also spent considerable time meeting with me and others to work through the more significant issues we raised during the Planning Board review. We very much appreciate Public Work's diligent effort to respond to these concerns. There are t wo outstanding issues relating to the Tree Removal Policy and Infrastructure Clearance Table (Exhibits 1 and 2 to the Council's 2-16-10 staff report): l.. Continue to require public notification for tree removals related to public improvements (see Exhibit 1). Under the existing tree removal procedure (contained in the 1989 Street Tree Plan), tree removals for both private and public improvements are posted for public review and comment, but under the new Tree Removal Policy, removals for public improvements would no longer be posted. Tree removals for public projects should be subject to the same level of review as other tree removals. Although the nonposted removals for public projects would proceed only "when in consultation with an arborist, it is determined that there is no practical and /or reasonable alternative to retain the tree arborist assessments may differ and the public should be given the opportunity to provide a second arborist opinion, if warranted, especially when the removal is a close call. This comment does not apply" to removals that have already received public input and City Council approval as part of streetscape and similar projects, and are considered "Exempt" from notification as per Tree Removal Policy p aragraph C (incorrectly labeled "A" in :exhibit l). 2. Minimum distance of trees from street signs (Exhibit 2). Add to Note 6 that, as an alternative to not planting a tree that is too close to street sign, the sign may be moved to provide sufficient separation from the tree. Attached are narked -up copies of Exhibits 1 and 2 reflecting the above comments plus several other comments. It should be noted that the Tree Removal Policy refers to the International Society of Arboriculture's "Guide to Plant appraisal" as a model to help determine the monetary value of a tree proposed for removal vs. the cost of repairing future tree related damage to infrastructure. This cost comparison is a new parameter in the tree removal criteria and not in the existing criteria. Although the Guide to Plant appraisal is a helpful tool, some of its criteria may not be appropriate. For example, it assigns a higher value to trees at `attractive" or "well maintained"' locations vs. "Poorly maintained" locations. (See Page 52 of the Guide.) The criteria thus does not seen to recognize that trees can help improve unattractive areas and are perhaps even more important to unattractive areas than elsewhere. The Tree Removal Policy appropriately recognizes the Guide's limitations by noting that "A similar docurnent may be used as the basis for value analysis." I hope to discuss with Public Works staff how the Guide and possible alternative documents will actually be applied. Thank you for the opportwi ty to comment. Please contact me at 523 -0411 or cbuekle AICP a att.net if you would like to discuss these comments, inc¢rgly, Christoier Buckley attaelument; Marked uh4ages from Exhibits 1 and 2 to 2-16-10 City Council staff` report:. By electronic, transmission: cc: M. Naclerxo, B. Hawk-ins, S. Patel and T. Williams', Public Works Tree Removal Policy .e eral Free Remo Poli Although tree removal is a last resort alternative there ar is necessary. An arborist can help decide whether or a tree sl City will remove street trees that are: dead; disease 3 C public nuisance rcumstance when it Cold be re ved. The a declared In Ether cases, where application is made to remove a healthy tree, consid6ratidn mill be based on the guidelines included in this policy. Tree removal within the public Right of -flay for private projects will be included in the planning design review.proeess f th project. Tree removal is permissible only after all practical and reasonable. alternatives have been considered. There are three types of tree removal: thoase that do not .require ipublic posting as listed above, exempt tree removal and those that require public netice. O B Immediate Free Removal -Not Posted Trees that will not receive or ostir de the following: fl jr} t The tree is dead, or.. presents an 111,UA LA A i Y imminent threat to public safety as determined by a certified arborist, a The removal is required to allow for the construction of ublic p improvements when in consultation with an arbo ri st, it is d .etermined that there is no practical and or reasonable alternative available- to. retain the The tree is determined by a certified A rborist to be in Frith' a rap spreading pathogen, such as vetch Elm disease, that poses an immediate hazard to other trees. TA? 3�T)f r A: Exempt Tree Removal treetscape and other projects that have already received public input and City C ouncil approval for tree removal will be exempt from posting. PA, 6., 1 D, Posted Tree Removal Prior to the removal of any tree, except as listed in sector and the city will post a public notice, allowing anyone to protest the removal of the tree.- In addition, the city will notify adjacent property owners and post a notice on the city is web page. If a. protest is filed, a public meeting will be held as discussed in section E2. Any person aggrieved by the final decision of the Public Works Director may pay the applicable appeal fee and appeal to the City Clerk within two weeks of the Director's decision. No more than 5% of the street trees in any given block face will be removed per year unless a greater percentage is approved by the City council, Removal is proposed when the Public Works Director determines any of the conflicts listed below cannot be remedied. City Council Page 1 0 f 5 Agenda Ite #6- I. Site rnodifidations to be evaluated t6 resolve conflicts before tree removal is considered_ A. Modify private construction B. Root pruning /shaving C. Curb modification that provides for adequate drainage for entire block D. Reduce sidewalk width rear trees yet maintain ADA requirements E. Meander sidewalk F. Ramp sidewalk G. Reduce curb width H Curb breaks F EY-1 wk- 1. New tech nology, to b evaluated as it develops 2. Types of conflicts W A. The tree is causing damage to priv blic infrastructure that cannot be mitigated by practical and reasonable option by an arborist. B. The tree is causing persistent sidewalk A safety concerns and cannot be mitigated by practical and reasonable option ined by an arb orist. C. The tree hay a disease other than ire r D. The implernentation of a t hasing plan is needed to replace existing trees with more suitable species. Ph e removal will occur only after a good faith effort is made to adhere to the maximum yearly tree removal percentage noted above. A comprehensive tree removal and proactive replanting plan shall be prepared and approved by ity Council for phased removal. Example of conditions that would justify a phased removal plan include: a cluster of dead or dying trees as a result of a pathogen, C-- or segments of excessive an d or frequOnt tree related infrastructure damage that would a whole rove of trees to be removed. E. e tree is in conflict with a private imp rovement plan. All applications to the p pp Piannin Department for private improvements that impact the public Right -of -Way must include cond�ons wi thi n Ye p ub l ic- Rig ht-of-Wa y ]r #Eu]r'ltt draw This i es trees utility boxes, streetlight and other .structures in the public Right -of Way. street tree removal request must be identified on the planning permit application which will require notification. and removal approval as detailed in this polio rior to the planning permit. being rocessed, oo s a may e used to evaluate trees posted for removal. A. variables to be evaluated as part of tree removal decision. 1. Biological impacts of tree removal (see Volume 1, Appendix 4 "Protection of Important Nesti Habitat') 2. Tree species characteristic ad Climate adaptability br Growth characteristic P age 2 of 5 C. soil adaptability d. Resistance ortoiera'ndei td insects, diseases and other environmental conditions e. Tree is a rare or unusual species I i, f. Tree is an especially good example of its type l* 3. condition of target tree's roots, branches,, trunk., foliage a. Structural Integrity b. Tree general health 4. The tree's potential to reach mature height a. Trees reach an economic and aesthetic height at maturity. Each tree species has a different optimal tree, height and age, site qn �tion can enhance or red c height potential. f �r4 1 f ,.b''The target tree is one of a limited number of large tree Twithin the impact area. An impact area is defined as a distance .equal to double: the. i eight of. mature species. The free species is uniquely suited to the sits or the optimal value is decreased at s Pe cif is s ite. a. urban Habitat/Urb forest b Environmental tolerance alue d-' u er o trees wit in the "tree im pact area W 7 W. Kafue of tree as compared to cost to repair private are pu is damage by tree Liability associated with tree. compliance with regulatory requirements, such as ADA Value of tree as compared to future maintenance cosh A value analysis may be provided by an arborist on trees where the site cannot be modified and further analysis of the trees impact is needed. B. The model upon which the value analysis was developed is "A Guide for Plant A raisals ub ished by the International Societv of Arbo similar ocurnen may be used as the basis ar alj�ss. Thearialle liste a ore are o e consi ere d when con ucting the value ana ysls. w NOTIFIGATION, PROTEST, APPEAL, REMOVAL, AND REPLACEM T PROCEDURES `l. Notification Procedure The Public Works Department shall not romove any street tree listed above in Section D, without fi rst: F-T 7�vj ],s Rik Pa e 3 of 5 �........e r. r ip•K.. ATwf aYw•^w•R tYw, rn.. Y Y 2,- '..'Y -'i A }�e.Y Y -�Xy.t 4A i.:1.Y1:XC.w'!tia. i .r A. Posting said tree With' a "conspicuous notice, and B. Notifying in writing the adjacent property owner and C. hosting on the city's Web page The notice and letter must be dated three weeks before any action is taken. The notice and letter rust contain the reason for the removal. A copy of this policy, which describes the protest and appeal procedure, will be available upon request and on the City's web page. 2. Protest Procedure Any resident or property owner can protest the removal of a street tree by writing to the Public Works Director no later than three weeks from the date of posting. In the event of a protest: a. The Public Works. Director shall stop any removal action and reconsider the removal decision. b. if the Public Works Director and the citizen .lodging the protest cannot reach an agreement, a public hearing date will be identified within two weeks. All concerned parties can attend this hearing and present evidence or testimony. c. }after the meeting, the Director shall notify all concerned parties of his decision, in writing, within .approximately two weeks after the hearing. 3. A.ppe I Procedure Any resident or property owner can appeal the decision of the Public Works Director by writing to the Public ''works Director or city clerk, c/o city Hall. All appeals go before the City council. There is an appeal 'fee, which is- listed in the blaster Fee schedule. 4. Removal Procedure- a. if them is an appeal, the tree shall not be removed until the city Council has made the final decision. All Council decisions are final and not open to further appeal. b. Any tree that is removed shall be replanted Friths a suitable replacement, provided the new site is in accordance with 1T1 spacing criteria. if the tree site is not suitable., the nearest suitable site that complies with Appendix 3 "Preferred Distances Between City Infrastructure and Replacement trees" *rill be used- Page 4 of 5 Protected Tree Removal .P olicy N protested tree within the Publ light of W shall be removed without a certificate of approval from the Histaneal Advisory Board_ protected trees shall include: the Palm trees in the public right of way on Burbank Street and Portola Avenue; any street tree on Thompson and central Avenues: and any coastal Lire Oak Querrcus agrifolia) rith a ten inch or greater diameter measured 4.5 feet above the ground. Applicants shall submit are arborist's report in a case where the health of the tree is the reason for the requested removal of the tree, or a contractors report in a case where damage to foundation or other structure is the reason for the requested removal. Any protected street tree shall be replaced, at the applicant's expense, except those shorn to be unhealthy or causing_ damage to private structures, to the satisfaction of the Public Works Director. Any Oak tree shall be replaced with a 'rninirnurn of two Oak trees at .sites in accordance with MsTP spacing criteria, 1 gallons or larger and to the satisfaction of the Planning and Building Director. (Alameda Municipal code Sections 13-21.7) G. Replacement Procedure a. In general, trees removed for cause shall be replaced within 60 to go days with the same or approved species, in containers no smaller than 15 gallons. b. Tree species will be selected so that curb or sidewalk damage will be minimized. C. The property owner will be notified that a new tree will be planted and that they will be responsible to wate the trees d. The standard procedure is to install a special perforated pipe next to the new plantings, where soil conditions warrant, in accordance with tree planting guidelines. Page 5 of 5 APPENDIX 3 PREFERRED DISTANCES BETWEEN CITY INFR STRU TuRiE AND REPLACEMENT TREES ITEM PREFERRED DIS TANCE Street Intersection 2 f eet fr om interse-etion of cur Street Li ht 12 feet from the pole. Traffic Si al 25 feet clear radius from actual traffic signal. **Major Traffic Sign 1 feet from the nt face of the sign PLUS all toes must maintain visibi#ty of si 5. Street Sign. No closer than 5 feet behind or 10 feet in front of any street sl ns PLUS a ll try must maintain visibility--of S1 s. Line Power Pole to feet from the pole. Driveways 14 feet from the .edge of the driveway. (3' min from outer edge of mature tree) Handicap Ramps. 14 feet from ramp- Fire Hydrants 8 feet from hydrant. (O min from outer edge of ma =e tree) Storm Water Uet 10 feet from edge of inlet:. (5 rrun.from outer edge of mature tree) Marked ''Water, Gas, Electric, Tele hone Main Lines 5 feet from lines. Storm and Sanitary Serve- Service Branches 5 feet from service branch, Water, Telephone, and Electrical SeMce Lines', 5 feet from lines. (2' min from outer edge of mature tree Ma joy U nder otmd Service Junction 6 feet from eke of 'unction box. Drainage ditc N o trees planted with drainage ditches unl ess there is no diversion of fflflw. Bus Stops No trees 21 alana the 1enA of bus zone. pedestrian Crossing 20 f eet from the a ach side of the crossm' Parking Mcter's 4 feet nz front of meter, near rear wheel space. Notes: I Tree is to be centered between curb and sidewalk and for sidewalks greater than 4 feet wide, at least 2 feet from curb line unless designated otherwise by City Staff, 2. No tree is to be planted between culvert opening and intemcdom 3. AppVication of these standards are to apply in most cases with a goal of providing one tree minimum per property and at least one tree for every 40' of frontage. On corner lots, this rule applies, t4 both sides. 4. No tree will be planted that conflicts with bus acccss along the length of the bus zone unless no conflict is determined between tyre canopy and bus stop in consultation with AC transit 5. Street signs include signs with the street name and all maintenance related vifvrmation such .as street .sweeping. 6. If visibility is lacking for existing signs, the tree distance to a sips may be a nominal distance to provide better risibility bnl raver less d an any regulatory distance. In general the preferred distance is to be used but the mininnurn dista c may be applied where there are other unavoidable constraints. Major traffic signs include all c control signs such as turn pr traffi o ited, intersection lane control, stop, yield, and speed I'init. �r City Council Exhibit 2 to Agenda Item ##6 2 -16-10