HomeMy WebLinkAbout _ 9.14(a)--Proposed Municipal Code Update re Tree Management � � �' � � �
� � � ' � �' � � ' � ` CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: May 20,2025 FROM: Christian M. Curtis, City
ITEIVI NO. 9.14(a) Attorney
***APPROVED BY***
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ccurtis@cityofredding.org btippin@cityofredding.org
SUBJECT: 9.14(a)--Consider Committee recommendations regarding updating the tree
management ordinance to impose a development impact fee to fund tree planting on City of
Redding-owned ro erty.
Recommendation
Authorize and approve the following:
(1) Direct staff to either:
(a) Draft a program to plant trees on City of Redding (City) owned property, hire a
consultant to perform a nexus study, and recommend appropriate development impact
fees; or
(b) Discontinue work on a tree-planting program and bring a draft ordinance
incorporating the Tree Committee's other recommendations for Planning
Commission's consideration.
Fiscal Impact
Discussing recommendations for a proposed updated ordinance will have no fiscal impact.
AZteNnative Action
The City Council (Council) could choose to decline to discuss recommendations for the
proposed updated ordinance or provide staff alternate direction.
Background/Analysis
Pursuant to Council direction, the City of Redding (City) is in the process of reviewing and
updating its tree management ordinance (RMC §§ 18,45 et seq,). A Council-appointed
committee has made recommendations for revisions of the tree ordinance, and staff are working
to incorporate those recommendations into a draft ordinance for review by Planning
Commission. Recommendation #12 from the Tree Committee is to enact a new fee as an
alternative to tree preservation or replanting.
Report to Redding City Council May 13,Z025
Re: 9.14(a)--Proposed Municipal Code Update re Tree Management Page 2
Any new development impact fee is subject to constitutional requirements as well as California's
Mitigation Fee Act(the "MFA"). Under the MFA, when the City im�poses a fee as a condition of
approving a development project, it must:
(1) Identify the purpose of the fee;
(2) Identify the use to which the fee is to be put. If the use is financing public facilities, the
facilities shall be identified;
(3) Determine how there is a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed; and
(4) Determine how there is a reasonable relationship between the need for the public facility
and the type of development project on which the fee is imposed.
The MFA further requires that a fee not exceed the amount estimated to reasonably cover the
cost of the service or facility provided. This is typically established through a "nexus study"
performed by an independent consultant. Moreover, the City is required to keep the funds from
the fees in a separate account and provide regular reporting on the status of the funds and how
they are expended. Failure to meet these requirements can result in court-ordered refunds.
In this case, the Tree Committee passed a motion recommending the fee but did not specify its
purpose or how it would be used. Staff inferred from the committee's discussions that the intent
was to use the fee to fund the planting of trees on City property. The purpose and specifics of
such a program, however, have not been sufficiently developed to a11ow a nexus study.
Additionally, hiring a consultant for a nexus study was not previously budgeted, so before
incurring this additional expense it is prudent to determine whether or not the Council is
interested in this recommendation.
Because of this, staff is seeking Council's direction on whether or not to adopt a program
planting trees on City property. If so, then staff will endeavor to develop a recommended
program in line with the Council's purpose and commission an appropriate nexus study.
Procedurally, staff feels that it is prudent to get this guidance before the remainder of the
ordinance goes to Planning Commission. Although a tree-planting program is outside of
Planning Commission's purview, it is expected that the Commission's land use
recommendations may be impacted by whether the program is adopted.
The Potenfial Program
At present, there are relatively few details for the proposed tree planting program. In this respect,
the impact fee proposal is operating in reverse of the usual impact fee process. Typically, the
City imposes impact fees because it has identified that new development wi11 create a need for
specific services or infrastructure. In this case, however, the Tree Committee's records reflect
that the fee was proposed before a specific use was identified. The report does not reflect the
reasoning for this,but it appears that this may have been motivated, in part,by the fee's potential
to provide a financial disincentive for tree removal. This disincentive would not, by itself,
constitute a basis for imposing an impaet fee. Nevertheless, if the fee is used for a valid purpose
consistent with the MFA, it does not matter if the reason for which they were initially proposed
was due to their incidental deterrent value.
Report to Redding City Council May 13,Z025
Re: 9.14(a)--Proposed Municipal Code Update re Tree Management Page 3
If the Council wants to adopt a program, staff will need to develop suff'icient specifics for a
proposal to be used far a nexus study. While the Tree Committee did not develop these details, it
identified a large number of benefits that trees provide, including general aesthetic value, noise
attenuation, heat island moderation, soil stability, wildlife habitat, and greenhouse gas reduction.
One or more of these factors may be appropriate to incorporate into an appropriate tree planting
program.
In crafting a tree planting program, it will be important to identify the priorities and goals of the
program, rather than a mere list of benefits that trees provide. Under the MFA, the goals and
specifics of that program wi11 determine when and how a fee can be imposed. For example, a
program that focuses on noise attenuation and soil stability in specific areas may not be able to
charge an impact fee for tree removal on distant parcels. A program that focuses on heat island
moderation and greenhouse gas reduction may have more flexibility as to location, but it might
not be able to limit fees to specific tree species. If directed, staff can put together details for a
proposed program, but in doing so, it would be helpful if the Council could provide some
guidance on its priorities.
The Council should also be aware that adopting a tree planting program has some tradeoffs.
Most obviously, the program fees will impose some burden upon developers, which may have an
incremental impact on development. Additionally, the City will need to consider administrative
expense as we11 as the cost of taking long-term responsibility for the trees. In particular, the
maintenance of the trees and any liability associated with them will be an obligation of the
General Fund.
Liability costs are especially hard to predict, but some recent tree-related cases have seen
unusually high verdicts against the City of Davis and the City of Martinez. Redding is currently
defending multiple lawsuits alleging inadequate �ree maintenance. The largest of these cases
alleges that Redding is responsible for all damage caused by the Carr Fire inside of City limits.
Each case is unique, and the City often has good defenses to these types of claims, but even
when the City prevails, the legal defense costs can be substantial. Moreover, the Council should
be aware that there are fewer defenses available for an injury caused by a planted tree than by
one that grew naturally.
�nvironmental Review
This is not a project defined under the California Environmental Quality act (CEQA), and no
further action is required.
Council PrioNity/City ManageN Goals
• This is a routine operational item.
Attachments
^TMOUC Meeting Topics and Notes Attachment
Existing Tree Ordinance
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Tree Mana�ement Ordinance Update Committee Meetin� Topics &
Recommendations
1. PERMIT APPIICABILITY CRITERIA
o Is 6" diameter at breast height (dbh) the appropriate threshold for requiring a tree removal
permit? Should it be increased or decreased?
o Should the size be dependent on species?
o Should different zoning have different criteria?
COMMITTEE RECOMMENDATION#1:
At the March 20, 2023 committee meeting, Dou� DeMallie motioned that the 6" dbh permit criterion be
retained. Jeff Audette seconded the motion. The motion passed unanimously, with John Wilson absent,
and votes are documented as follows:
Hatch DeMaliie Carpenter Fisher Greene Middleton Ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X X X X
No
2. EXEMPTIONS
o Does exemption B.3 need to be revised in light of new state law? Most single-family lots are now
under maximum density.
■ Exemption B.3: Developed residential properties which have been developed to the
maximum density allowed by the zoning of the property, provided that no trees which have
been specifically designated on the landmark and heritage tree plan (RMC Chapter 13.40) or
which have been required to be preserved under the terms of a discretionary approval of a
development project shall be removed.
o Should this section be cleaned up and clarified with language that is less redundant and easier to =
understand?
o In what other instances should an exemption be granted, if any?
COMMITTEE RECOMMENDATION#2:
At the March 20, 2023 committee meeting, Brandi Greene motioned that Exemption B.3 be'modified in `
two ways. First, revise language regarding"developed to the maximum density allowed by the zoning of
the property" so that it specifically references the density regulations of the City's Zoning Code. Because
of SB9, much of the City's residential zoning is now, in fact, not developed to maximum density, and this
proposed language would offer clarity. Second, add language that excludes native oaks greater than 6"
dbh from this exemption,thereby requiring a tree removal permit in such cases. Stacev Weller seconded
the motion. The motion passed 7-S,with John Wilson absent, and votes are documented as follows:
Hatch DeMallie Carpenter Fisher 6reene Middleton ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X
No X X ;: X X X
j-; .. . . . . .
Tree Management Ordinance Update Committee Meeting Topics& Recommendations 2
COMMITTEE RECOMMENDATION#3:
At the April 3, 2023 committee meeting, David Led�er made a motion to change exemptions B.1 and B.2
to properties less than 20,000 square feet, instead of one acre. Stacev Weller seconded the motion. The
motion passed 11-0,with Brandi Greene and Kristina Randle absent,and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X X X
No
COMMtTTEE RECOMMENDATION#4:
At the April 3, 2023 committee meeting, Rocky Slau�hter made a motion to add an exemption which
allows for the removal of a tree without a permit when required by an insurance carrier or company. leff
Audette seconded the motion. The motion passed 11-0, with Brandi Greene and Kristina Randle absent,
and votes are documented as follows:
Hatch DeMaliie Carpenter Fisher Greene Middleton Ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X X X
No
COMMITTEE RECOMMENDAT►ON#5:
At the April 3, 2023 committee meeting, Stacev Weller made a motion to add an exemption which allows
the removal of a tree without a permit which the City considers invasive. Rockv Slau�hter seconded the
motion. The motion passed 10-1, with Brandi Greene and Kristina Randle absent, and votes are
documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton Ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X X
No X
3. ENFORCEMENT
o Is the 2-year development prohibition reasonable?
o Does there need to be additional enforcement language added?
o Does the$2000 per tree penalty need to be updated/increased?
o How long must a preserved or planted tree survive?
o What are the maintenance requirements for a tree?
o Should the Model Water Efficient �andscape Ordinance (MWE�O) be referenced by this
ordinance?
At the April 3, 2023 committee meeting, John Wilson made a motion to leave enfarcement language
as-is. Dou� DeMallie seconded the motion. John Wilson withdrew motion.
Tree Management Ordinance Update Committee Meeting Topics& Recommendations 3
COMMITTEE RECOMMENDATION#6:
At the April 3, 2023 committee meeting, Stacey Weller made an alternate motion to remove the option
to seek relief through twice the application fee and increase maintenance period from three years to five
years. Mar�aret Yarnell seconded the motion.The motion passed 11-0, with Brandi Greene and Kristina
Randle absent, and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X X X
No
COMMtTTEE RECOMMENDATION#7:
At the April 3,2023 committee meeting,Jeff Audette made a motion to remove penalty C,which prohibits
further development for a period up to two years. Rocky Slau�hter seconded the motion. The motion
passed 10-1, with Brandi Greene and Kristina Randle absent, and votes are documented as follows:
Hatch DeMaliie Carpenter Fisher Greene Middleton Ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X X
No X
COMMITTEE RECOMMENDAT►ON#8:
At the April 3,2023 committee meeting, David Led�er made a motion to increase maximum fine to$3,000
per unauthorized tree removed. Aleta Carpenter seconded. The motion passed 8-3, with Brandi Greene
and Kristina Randle absent, and votes are documented as follows:
Hatch DeMaliie Carpenter Fisher Greene Middleton Ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X
No X X X
4. TREE PLANTING
o Should a tree species list be created?
■ What species of trees will help increase the urban canopy and decrease urban heat islands?
■ Are there species that should be prohibited to count toward replacement trees because they
are not suitable to Redding's dimate, fire-prone, provide little shade, need too much
water, or cause a public nuisance?
o Should preserved trees count for more than two trees planted? If the preserved tree is a native ;
oak of good size and health,for example.
o Is a per square-feet planting requirement the right method for calculating the number of trees
that should be planted?
■ If not,what method should be used? i.e. per tree removed, per acre developed, etc.? "
■ What should the replacement ratio be? Should the replacement ratio be the same for all °
species?
o Should the planting of trees be based on canopy cover and/or shade coverage?
o Should different zonings or type of development have different requirements?
o Is it appropriate to include language regarding how to plant?
o Do all replacement trees need to be planted on the project site?
■ If not,what is the minimum that must be planted onsite?
■ If trees can be planted offsite, how is that monitored and enforced?
� :��
Tree Management Ordinance Update Committee Meeting Topics& Recommendations 4
COMMITTEE RECOMMENDATION#9:
At the May 1, 2023 committee meeting, Stacey Weller made a motion for the City to develop a
recommended (and not recommended) tree species planting list for all projects that require a
discretionary permit. Blake Fisher seconded the motion. Motion passed unanimously,with Brandi Greene
and Kristina Randle absent, and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton �edger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X X X
No
At the May 1, 2023 committee meeting, Stacev Weller made a motion for the City should require a
designated percentage of replanted tree be of a larger form variety with greater canopy cover. Mar�aret
Yarnell seconded the motion. Motion passed 6-5, with Brandi Greene and Kristina Randle absent, and
votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton Ledger Audette Wiison Randle Yarnell Slaughter Weller
Yes X X X X X X
No X X X X X
COMMITTEE RECOMMENDATION#10:
At the May 1, 2023 committee meeting, Rockv Slaughter made a motion to direct staff to craft language
to look at all types incentives to preserve trees and/or replant trees from the recommended species list.
Blake Fisher seconded the motion. Motion passed unanimously, with Brandi Greene and Kristina Randle
absent, and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton Ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X X X
No
COMMtTTEE RECOMMENDATION#11:
At the May 1, 2023 committee meeting, Dou� DeMallie made a motion for Section 18.45.120A to be
revised to require the planting to two 15-gallon trees at minimum, not based on building square footage,
one of which for the purpose of shading the street.Aleta Carpenter seconded the motion.
Mar�aret Yarnell made an alternate motion to require a minimum of one tree in the front yard. No one
seconded. Alternate motion failed.
Original motion passed 9-2,with Brandi Greene and Kristina Randle absent,and votes are documented as "
follows:
Hatch DeMallie Carpenter Fisher Greene Middleton �edger Audette Wilson Randle Yarnell Slaugnter Weller
Yes X X X X X X X X X
No X X"
rt,; �
Tree Management Ordinance Update Committee Meeting Topics& Recommendations 5
At the May 1, 2023 committee meeting, Stacey Weller made a motion that replanting requirements be
based on trees removed or building square footage, whichever is greater and what the property can
support. Aaron Hatch seconded the motion. Motion failed 3-8, with Brandi Greene and Kristina Randle
absent, and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton �edger Audette Wilson Randle Yarnell Slaugnter Weller
Yes X X X
No X X X X X X X X
5. COMPENSATION AND/OR MITIGATION FOR TREE LOSS
o Should a fee be imposed for the permitted removal of trees?
o What would the purpose of the fee be?
o What trees would be subject to the fee? (e.g. any tree of a certain size threshold, only certain
species, only Candidate trees)
o Should there be a threshold for imposition of a fee? In other words, does cutting just one tree
trigger a fee or is there a number per acre threshold that makes sense?
o Instead of a fee, is there a better way to incentivize tree preservation?
■ Granting of variances or other concessions
■ Reduce new planting requirements if adequate number are preserved
o Beyond fees or replanting, is there another way to compensate for the removal of trees?
COMMITTEE RECOMMENDATION#12:
At the April 17, 2023 committee meeting, Stacey Weller made a motion to establish in-lieu fees as
mitigation for the removal of native trees.
At the April 17, 2023 committee meeting, Dou� DeMallie clarified the motion made by Stacey Weller to
consider an in-lieu fee as a discretionary option to the approving body, when approving discretionary
projects pursuant to RMC 18.45.070,for preserving a candidate tree or trees as defined by the ordinance.
Aleta Carpenter seconded the motion. The motion passed 9-3, with Jeff Audette absent, and votes are
documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton ledger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X
No X X X
At the April 17,2023 committee meeting, David Led�er made a motion that removal of all 6"dbh or larger
native oak trees require an in-lieu fee. Aaron Hatch seconded the motion. Motion failed -
4-5,with Jeff Audette absent, and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton Ledger Audette Wilson Randle Yarnell Slaughter Weller `
Yes X Abstain X X X Abstain >Abstain=
No X Abstain X X X Abstain X Abstain;
rt,; �
Tree Management Ordinance Update Committee Meeting Topics& Recommendations 6
At the May 1, 2023 committee meeting, Stacey Weller made a motion to allow for an in-lieu of fee as a
discretionary option to mitigate for tree removal on all permits. Aleta Carpenter seconded the motion.
Motion failed S-5,with Brandi Greene and Kristina Randle absent, and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton �edger Audette Wilson Randle Yarnell Slaugnter Weller
Yes X X X X Abstain X
No X X X X Abstain X
6. ORGANIZATION AND I.AYOUT
o Candidate tree definition and other definitions/terms
o Revisit the definition of qualified professional, should there be additions/deletions? Should
Landscape Architect be included?
o Protected Tree � Candidate Trees � Preserved Tree, clarify ordinance language to properly
reflect this concept.
o "Shall" over"should"—identify instances in current language
COMMITTEE RECOMMENDAT►ON#13:
At the May 1, 2023 committee meeting, Aleta Carpenter made a motion to direct staff to update the
candidate tree definition to be more objective than subjective. Stacev Weller seconded the motion.
Motion passed 7-4,with Brandi Greene and Kristina Randle absent,and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton Ledger Audette Wilson Randle Yarnell Slaugnter Weller
Yes X X X X X X X
No X X X X
COMMtTTEE RECOMMENDATION#14:
At the May 1, 2023 committee meeting, Dou� DeMallie made the motion to move the definition of
candidate tree into the Tree Management ordinance.Jeff Audette seconded the motion. Motion passed
unanimously, with Brandi Greene and Kristina Randle absent, and votes are documented as follows
Natch DeMallie Carpenter Fisher Greene Middleton �edger Audette Wilson Randle Yarnell Slaughter Weller
Yes X X X X X X X X X X X ' `
No
COMMITTEE RECOMMENDATION#15:
At the May 1, 2023 committee meeting, Dou� DeMallie made a motion to encourage the City Council to
fund a position whereby a qualified staff person could assist staff with field tree surveys,tree assessments,
post approval protection plan, inspection,and all other requirements of the tree management ordinance, '
effective immediately. Aleta Carpenter seconded the motion. Motion passed unanimously, with Brandi '
Greene and Kristina Randle absent, and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton �edger Audette Wilson Randle Yarnell Slaugnter Weller
Yes X X X X X X X X X X X
No
Tree Management Ordinance Update Committee Meeting Topics& Recommendations 7
COMMITTEE RECOMMENDATION#16:
At the May 1, 2023 committee meeting,Aleta Carpenter made a motion to add the definition of qualified
professional into the tree ordinance. Cameron Middleton seconded the motion. Motion passed
unanimously, with Brandi Greene and Kristina Randle absent, and votes are documented as follows:
Hatch DeMallie Carpenter Fisher Greene Middleton �edger Audette Wilson Randle Yarnell Slaugnter Weller
Yes X X X X X X X X X X X
No
Title 18-ZONING
Division IV.-Regulations Applying in All Districts
Chapter 18.45 TREE MANAGEMENT
Chapter 18.45 TREE MANAGEMENT
18.45.010 Purpose and objectives.
The city council finds that trees contribute in many ways to the health,safety,and general welfare of all
Redding's citizens.Trees, in addition to their aesthetic benefits and temperature moderation,are of benefit to
fisheries, riparian habitat,wildlife,energy conservation,and the ecology of the area. However,the city also
recognizes that even with the identification,evaluation,protection,and maintenance provisions of this chapter, it
may not be possible to preserve all healthy trees within new development projects. Given these recognized
contributions and constraints,the intent and objectives of this chapter are to:
A. Protect and enhance the aesthetic qualities of the community provided by native and nonnative trees;
B. Promote a healthy and attractive urban landscape as the community grows;
C. Recognize the importance of trees as a visual and physical buffer;
D. Preserve the city's valuable natural features;
E. Require the replacement of trees that are removed,where appropriate;
F. Establish a program for the planting of trees in new developments;
G. Protect trees on undeveloped properties until such time as a development plan/building permit is
approved.
In order to accomplish the preservation purposes of this chapter,candidate trees,as defined in Chapter
18.61, in the city are afforded special protections.The regulations require that a tree removal permit be obtained
for removal of trees on vacant/undeveloped lands in order to ensure that trees can be identified and considered as
candidates for preservation during the development process.
(Ord. 2369§ 1(part),2006)
18.45.020 Subdivision and other development projects.
Subdivisions and other development projects subject to the provisions of this chapter shall be designed to
minimize destruction or damage to trees to be preserved.With development permits for discretionary projects or
when a tree(s)exceeding six inches dbh is proposed to be removed when a discretionary permit is not required,a
site plan shall be submitted which contains all the elements required by Sections 18.45.050 and 18.45.070.
A Variances.To achieve the goal of preservation,the city may consider tree preservation as adequate
grounds to approve zoning exceptions and variances associated with building setbacks, building
separations, parking requirements,and driveway grades if it is determined that: (1)the preservation
and retention of a candidate tree outweighs the disadvantages associated with any variance granted to
save it;and (2)there is a real expectation that the tree will survive for more than five years as
estimated by a qualified professional.
(Ord. 2369§ 1(part),2006)
Redding,California,Code of Ordinances Created: 2024-11-08 16:07:27 [E5T]
(Supp.No.45)
Page 1 of 8
18.45.030 Permit required.
No tree, regardless of species,that exceeds six inches dbh on any developed or undeveloped/vacant
property in the city shall be destroyed, killed,or removed unless a tree removal permit is first obtained under the
provisions of this chapter,except as may be permitted pursuant to the terms of Section 18.45.070(Discretionary
permits),or as may be expressly exempted under Section 18.45.040(Exemptions}. (Note:Clearing activities that
exceed one acre in area require a clearing permit in accordance with Chapter 16.12 of the Redding Municipal
Code.}
(Ord. 2369§ 1(part),2006)
18.45.040 Exemptions.
A. Removal of a tree upon the order of the city manager,city engineer,development services director,
community services director, or a member of the police or fire department if, in his or her determination,the
condition of a tree presents an immediate hazard to life or property.
B. The removal of trees on the following properties or areas:
1. Developed nonresidential properties less than one acre in area, provided that no trees which have
been specifically designated on the landmark and heritage trees plan (RMC Chapter 13.40)or which
have been required to be preserved under the terms of the discretionary approval of a development
project shall be removed;
2. Undeveloped nonresidential properties less than one acre in area, where a valid building permit has
been issued for a "principal building," provided tnat no tree designated on the landmark and heritage
tree plan(RMC Chapter 13.40)or which has been required to be preserved under the terms of the
discretionary approval of a development project,shall be removed;
3. Developed residential properties which have been developed to the maximum density allowed by the
zoning of the property, provided that no trees which have been specifically designated on the
landmark and heritage tree plan (RMC Chapter 13.40)or which have been required to be preserved
under the terms of a discretionary approval of a development project shall be removed;
4. Undeveloped residential properties less than one acre in area,where a valid building permit has been
issued for construction of a "principal building(s)," provided that such construction will result in
development for the maximum density allowed by the base zoning district and that no tree designated
on the landmark and heritage tree plan (Chapter 13.40 of this code)or that has been required to be
preserved under the terms of the discretionary approval of a development project,shall be removed;
5. Airport clear zones.
C. Removal or cutting of trees within utility rights-of-way which may be deemed necessary in the opinion of a
public utility to comply with applicable safety regulations,to prevent potential future interruption of service,
to repair damage to facilities,or to restore interrupted service.
D. Removal of trees on property owned by the federal government,the state of California,the county of Shasta,
or any school or special district.
E. Removal of trees when determined necessary by the fire department while engaged in firefighting in order
to prevent the spread of fire or prevent a dangerous situation to life or property.
F. Street trees covered by Chapter 13.40 of the Redding Municipal Code which are approved for removal by the
recreation and parks commission.
Created: 2024-11-08 16:07:26 [E5T]
(Supp.No.45)
Page 2 of 8
G. The removal of a tree which a qualified professional has determined to be unhealthy or, because of its
characteristics,a danger to life or property. In such case,the opinion of the qualified professional shall be
made available to the director prior to removal of the tree(s).
(Ord. 2369§ 1(part),2006)
18.45.050 Permit application—General.
A. Except as provided for in Section 18.45.070(Discretionary projects),any property owner desiring to kill,
destroy,or remove(hereafter referred to as"remove"}one or more trees that exceed six inches dbh on any
parcel of land not exempted by this chapter shall file an application for a tree removal permit with the
director and pay the necessary fee as established by resolution of the city council.
Said application shall be on a form prescribed by the director and shall contain the following information: (1)
the number,species,size,and location of each tree to be removed; (2)the location of existing or proposed
structures;(3)a brief statement of the reason for removal; (4)the signature of the property owner authorizing
such removal;and (5)any other pertinent information the director may require,which may include a detailed
report prepared by a qualified professional regarding the size; health;condition;and,for large sites,the general
characteristics of trees proposed to be removed and those that will be retained on the site.The director may use
this information to determine if adequate effort has been made to retain candidate trees that may be on the site.
B. The permit,if granted,shall entitle the property owner to remove only the trees a pproved for removal by
the permit. Prior to the issuance of such permit,the director or his or her representative shall visit and
inspect the property,the trees in question,and the surrounding area and shall ascertain whether or not the
trees may be cut down or removed.
C. The director or his or her designated representative may grant the permit if the removal of the trees will not
affect soil stability,surface-water quality,riparian habitat,or fisheries and one or more of the following
findings is made:
1. The condition of the trees,with respect to disease,form,general health,damage, public nuisance,
danger of falling, proximity to existing structures, interference with utility services,good forestry
practices,or damage to existing sidewalks and driveways,warrants their removal.
2. The preservation of the trees unreasonably restricts the economic potential or use of the property
upon which the trees are situated and/or the director determines that sufficient effort has been made
to save other candidate trees that may be on the site.
3. The development has been designed such that suitable land will be set aside in an open-space
easement which will (1) preserve as many trees as are proposed to be removed, particularly trees that
could be classified as candidate trees;or(2)be particularly suitable for the planting and/or natural
regeneration of trees.The set-aside area shall be in addition to any area classified as"Greenway"
under the policies of the Redding general plan.
D. The director shall deny any permit to remove a tree that is listed on the landmark or heritage tree plan
established by Chapter 13.40,except as may be specifically authorized by that chapter.
E. The director may require replanting of trees at appropriate locations on the property or off-site location to
replace those that will be removed.The size and number of trees to be replanted shall be at the discretion of
the director, but shall bear a reasonable relationship to the value,size,type,and similar considerations as
the tree approved for removal.
(Ord. 2369§ 1(part),2006)
Created: 2024-11-08 16:07:26 [E5T]
(Supp.No.45)
Page 3 of 8
18.45.060 Tree removal provisions.
A permit issued under Section 18.45.030 shall be valid for a period of six months from the date of issuance.
One extension of time may be granted, not to exceed an additional six months, by the person or body who
approved the permit for which an extension is requested.
A. It shall be the responsibility of the person removing any tree as authorized by the tree removal permit,
under this chapter,to have the tree permit and a copy of the conditions of approval imposed by the
approving body at the tree removal site.
B. The permit and any conditions of approval granted by the approving body shall entitle the applicant to
remove only the tree or trees approved for such action.
C. Before the start of any clearing,excavation,construction,or other work on the site,every tree
designated for removal on the approved site plan that is outside the proposed right-of-way or
easement areas shall be clearly marked in the field in a manner required by the director.A plan shall be
established for the removal and disposal of brush,earth,and other debris(1)to avoid injury to any tree
not approved for removal;or(2)to prevent spillage of mud or debris on city streets.
(Ord. 2369§ 1(part), 2006)
18.45.070 Permit application—Discretionary projects.
A. Permit Application.An application for a discretionary project shall also be considered an application for tree
removal in those instances where trees will be affected by the development.
B. Project Design and Tree Preservation.Where all identified candidate trees cannot be preserved,the design
of the development should address preservation of the most desirable and significant of the healthy
candidate trees, particularly stands of such trees,and the developer is expected to utilize creative land-
planning and construction techniques to achieve this end.The set-aside of a natural area or areas within a
project site that is particularly suitable for the planting, retention,and/or natural regeneration of trees is
considered to be a desirable means of accomplishing the goals of this chapter.Set-aside areas shall be in
addition to any area classified as"Greenway" under the policies of the Redding general plan.
Project design shall recognize the desirability of preserving trees.An analysis of trees on the site shall be
undertaken to determine those which are to be considered candidate trees unless waived by the director based on
the characteristics of the site,and plans for grading and infrastructure improvements shall reflect this
consideration.While each individual site will dictate the level of analysis based on such considerations as the size
of the site,the number of candidate trees,opportunities for preservation,etc.,the following establishes the basic
process for assessment of candidate trees and stands of trees on a site.This information will provide a basis to
consider potential development designs that will preserve those trees.
1. Tree Identification and Evaluation.
a. Initial Mapping.Candidate trees and groups of trees as defined in Chapter 18.61,within the
boundaries of proposed project but outside of areas classified as"Greenway,"shall be identified
on a map.Aerial photographs accompanied by surveys and/or ground reconnaissance should be
used for this mapping.The scale and detail of mapping should be commensurate with the size of
the site as determined appropriate by the city.On sites with development envelopes greater
than five acres and,at the discretion of the director,a qualified professional as identified in
Chapter 18.61 shall consult with development services department staff to determine the
appropriate mapping detail.The choice of whether a complete inventory or a sample is
Created: 2024-11-08 16:07:26 [E5T]
(Supp.No.45)
Page 4 of 8
performed should be based on the size of the site, number of trees involved,and uniformity of
tree conditions(e.g.,species,size, health,etc.).
b. Evaluation.A qualified professional shall provide an overall qualitative evaluation of trees on the
site. Evaluation criteria may include:
i. Species;
ii. Size(estimated or measured diameter and height);
iii. Health and vigor,including external signs of defect or disease;
iv. Aesthetic quality as determined by shape, branching and color;
v. Ecological quality as determined by evidence of wildlife use,grove size,adjacency to water
or connectivity to other habitats;
vi. Potential hazards posed by dead branches or tops, lean or defect;
vii. �ocation relative to existing or potential development and the ability to provide sufficient
growing space;
viii. Other considerations including local significance and functional role as a buffer between
land uses.
The evaluation shall include a summary recommendation regarding those trees or groups of trees
most appropriate for protection.The summary may take the form of text, map,or a combination of
text and map as determined appropriate by the qualified professional.
C. Designation of Preserved Trees.After determining the trees or groups of trees that will be preserved based
on the mapping and evaluation process outlined above,a map and tree list shall be provided as part of the
discretionary permit application materials and shall include an overlay showing the location of preserved
trees and the proposed development. it shall include the following information with sufficient detail for
evaluation by the body approving the discretionary permit:
1. Tree or grove designated for preservation,outside of areas classified as"Greenway" in the general
plan;
2. Tree or grove where preservation is not proposed,along with a justification for removal, provided by
the project applicant.
D. Protection During Construction/Long-Term Protection and Maintenance. Project proponents shall prepare a
plan for ensuring that trees designated for preservation are not damaged during construction and will be
adequately protected in the long term.The plan, prepared by a qualified professional shall include tree
protection measures for all trees or groups of trees where grading,fill, building, utility installation,
redirection of natural drainage to or away from trees to be preserved,or similar activities will occur within a
minimum distance extending:
1. Six feet out from the perimeter of the crowns of large, mature trees unless a greater distance is
warranted in the opinion of the qualified professional;
2. Six feet from the perimeter of their estimated crowns at maturity in the case of smaller trees.
The qualified professional shall also specify appropriate construction protection measures,such as:
1. Provisions for flagging and protective fencing;
2. Equipment exclusion zones;
3. Grading exclusion zones;
Created: 2024-11-08 16:07:26 [E5T]
(Supp.No.45)
Page 5 of 8
4. Long term maintenance recommendations.
The approving entity for the permit,when approving development plans,shall determine the adequacy and
appropriateness of the proposed tree protection plan as provided above.The approved discretionary permit and
related materials will constitute a tree protection plan,and those trees designated to be saved shall be considered
preserved trees. In addition to the tree plan,the approving entity may require such measures as necessary to
ensure that the preserved trees are not involuntarily removed in the future.This shall include, but not necessarily
be limited to, requiring land to be placed in open-space easements or requiring that deed restrictions be placed on
private property which will prohibit the removal of a tree(s).
E. Project Denial.The application may be denied or the project modified if:(1)the plan is inconsistent with the
city's policy of tree preservation;and(2)insufficient evidence is shown that tree preservation has been
considered in the design of the project. Modifications of project design may include, but not be limited to:
relocation of proposed streets and easements; relocation of proposed lot lines; reduction of the number of
lots/building areas proposed in the development;the use of stem wall construction techniques;or other
appropriate measures.
F. Improvement Plans.Subsequent to project approval, improvement plans shall be submitted to the city for
approval that shall depict the location of all trees that have been required to be preserved and shall be
reviewed in the context of any tree protection measures recommended by the qualified professional.
G. Appeals.Appeals of conditions and/or requirements imposed on a development project by the approving
authority shall utilize the procedures set forth in Section 18.11.090(Appeals)of the Redding Municipal Code.
(Ord. 2369§ 1(part),2006)
18.45.080 Preconstruction requirements.
A. Before the start of any clearing,excavation,construction,or other work on the site,the recommendations of
the qualified professional pertaining to tree identification,flagging,fencing,or similar items shall be in place
and a pre-construction meeting held with the contractor and city staff to review any tree protection
measures required.
(Ord. 2369§ 1(part),2006)
18.45.090 Tree protection guidelines.
The director shall prepare and make available to the public"Guidelines for Tree Protection."The guidelines
will not replace or supplement the construction standards of Section 18.45.100, but will provide basic information
that will be useful in protecting trees during and after construction.
(Ord. 2369§ 1(part),2006)
18.45.100 Violation—Penalty.
It has been determined that trees within the city are valuable assets to the community and that the public
should be compensated for the loss of trees which occurs in violation of this chapter.The removal or killing of any
protected tree in violation of the terms of this chapter shall be punishable by either,or a combination of,the
following means at the discretion of the city:
A. Pay a fine of up to two thousand dollars per tree for the unauthorized removal or damage to trees.
Created: 2024-11-08 16:07:26 [E5T]
(Supp.No.45)
Page 6 of 8
B. Provide and plant replacement trees of a number and size required by the city and thereafter maintain
said trees in a live and healthy condition for a period of three years.
C. Prohibit further development of the property,other than corrective action measures,for a period of up
to two years from the date notice of the violation is given by the city.
The penalty shall be determined by the director; however, appeals of his or her decision shall be available as
specified in Section 18.11.090(Appeals)of this code.
In instances where unlawful tree removal occurs on a developed parcel of land,the violator may seek relief
from the above penalty by making application for tree removal as specified in Section 18.45.050 and making
payment of twice the application fee.The city reserves the right to approve the permit subject to any or all of the
above conditions as circumstances may dictate.
(Ord. 2369§ 1(part),2006)
18.45.110 Nonliability of city.
Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and
maintenance upon the city or upon any of its officers or employees.The person in possession of any public
property or the owner of any private property shall have a duty to keep the trees upon the property and under his
or her control in a safe,healthy condition.
(Ord. 2369§ 1(part),2006)
18.45.120 Tree planting requirements.
The following tree planting provisions shall apply to all new construction and to those parcels which have
been granted a tree removal permit.The trees shall be planted prior to the issuance of an occupancy permit in
those instances where planting is in conjunction with construction under a valid building permit.
A. Residential Development.One fifteen-gallon tree shall be planted for every five hundred square feet of
enclosed gross living area,two of which shall be planted in the front yard.At least one of the trees
must be planted within seven feet of the sidewalk or otherwise required by a tree planting plan
established with approval of the development.
B. Commercial Development(Retail,Office, Heavy Commercial Uses}.One fifteen-gallon tree shall be
planted for every one thousand square feet of gross floor area or covered space.
C. Industrial Development.One fifteen-gallon tree shall be planted for every two thousand square feet of
gross floor area or covered space.
Where the number of trees required to be planted under this section differs from the number required to be
planted by Chapters 13.40 and 18.41,Off-Street Parking and Loading,of the Redding Municipa)Code(if
applicable),the higher number shall apply. If the number of trees required above contains a fraction,such number
shall be increased to the next highest whole number. Each existing, preserved tree on a parcel may be counted as
two trees for the purpose of the above planting requirements; nowever,this credit shall not reduce tne number of
trees required by Chapter 13.40 or 18.41 of the Redding Municipal Code applicable to the project except as may be
provided for in those code sections.
(Ord. 2369§ 1(part),2006)
Created: 2024-11-08 16:07:26 [E5T]
(Supp.No.45)
Page 7 of 8
18.45.130 Maintenance.
The property owner or his or her successors-in-interest shall be responsible thereafter for the care and
maintenance of trees required to be planted under this chapter in a live and healthy condition.The replacement of
trees that may die or otherwise be destroyed is explicitly a requirement of this chapter.The removal of dead
wood, branches,or trees is the responsibility of the property owner upon whose property the tree originates.
(Ord. 2369§ 1(part),2006)
18.45.140 Nonconforming developed parcels.
Developed parcels which do not meet the tree planting requirements of this chapter,shall be required to
meet the tree planting requirements of this chapter with the issuance of a building permit for any new
construction on the property that is greater than fifteen percent of the existing gross floor area, unless an
exception to this requirement is granted by the director based on a finding that conforming to the tree planting
requirements of this chapter is physically impossible given the way the parcel is developed. If the planning
commission can make that finding, it may approve planting fewer trees than this chapter would require for the
developed parcel based on what the planning commission feels is physically possible for the property.
(Ord. 2369§ 1(part),2006)
Created: 2024-11-08 16:07:26 [E5T]
(Supp.No.45)
Page 8 of 8
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Barnhart, Erin
From: Members, Council
Sent: Monday, May 19, 2025 9:03 AM
To: Mike Lattau
Cc: Tippin, Barry; Bade, Steve; Curtis, Christian; Cates,Anette;Tipton, Sharlene; Barnhart, Erin; Members,
Council
Subject: Item 9.14(a) for 5/20/25 Council Agenda - FW: Redding Tree Ordinance
Erin Barnhart
Executive Assistant II
530.225.4044
From: David Ledger
Sent:Sunday, May 18, 2025 2:41 PM
To: Littau, Mike<mlittau@cityofredding.org>
Subject: Redding Tree Ordinance
�,���"IC�E�: �"his�rn��!c�r�����t�a�fr°��r�+��t�is��t��City����ddir��t �al��ss�����r����l�it1� �ir�k.^�a���tt�c�r���t�,
Dear Council Members Littau,
The Planning Department has already drafted a new Tree Ordinance and it has been sitting witn the City Attorney's
office for several months. It was drafted by Kent Manuel who was a planner for the city for many decades and has been
hired back as a consultant on several occasions. I think it would be good for the you to see what tney have drafted and
tnink tne City Attorney is trying to scare tne council into thinking tnis is a very complicated issue and could bring lawsuits
to the City.
Jim Hamilton was the Development Services Director at the time the current ordinance was developed. He naw has a
private consulting practice and updated the Shasta Lake Tree Ordinance several years ago because it did not have a
monetary mitigation clause.The original ordinance merely stated that for every oak tree over 10" in diameter removed
required the planting of three trees of a fifteen gallon container size. He updated it to have an alternative fee of about
$1500 to go into a city fund for the planting and upkeep of city trees. He compared the cost of planting 3 trees and their
upkeep. (He conducted his own nexus study.) It was approved by their attorney and had a few other changes dealing
with lot size and other matters. It seems it took about 6 months for the whole process including Council approval.While
I didn't like the final product, it was better than before and the City of Redding's current ordinance.
As Michael Dacquisto once told me several years ago in a discussion about a new Tree Ordinance,the City will always be
sued. Cities all over California have tree ordinances requiring mitigation and to my knowledge almost all funds are used
for the planting and upkeep of street and park trees.The trees do have to be maintained. Redding is an extremely hot
climate and trees can help cool it down by reducing the heat island effect. Mr. Curtis seems to be trying to scare the city
about lawsuits because of trees.
1 had two former council members contact me the day before your last meeting on the budget who were concerned
about Parks and Rec planning to cut down three cottonwood trees in South City Park. People in Redding want more
trees and many have contacted me whenever trees are cut down or threatened. Most recently students and instructors
at Shasta College about 10 days ago regarding concerns about the removal of oak trees on campus..
�
Cities throughout California have ordinances requiring preservation of oak trees in their city limits and some of them
charge pretty high mitigation fees. Sacramento and the City of Thousand Oaks require a permit to cut down an oak tree
over 2" in diameter and both charge a mitigation fee of$300+ per inch (Less in Sacramento on lots with a home on it.)
Some cities such as Santa Rosa are much (ess, $200 per 6" diameter.
I would urge you to vote for Option A as an ordinance has already been drafted and the City could contract with an
attorney with less timidity and more knowledge of tree ordinances than Mr. Curtis to review and edit the finished draft
ordinance.
This email is only being sent to Council Members Littau and Dhanuka separately to avoid any Brown Act issues. (Each
email revised slightly.)
Mike: I was impressed with your knowledge and dedication to your council position reviewing 30 hours of past City
Council budget meetings to get a better understanding of the process, untike Audette.
Sincerely,
David Ledger
2
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From: Members.Co�neil
To: Paul Dhanuk�
Cc: Tiat�ir�,�arrv����,��te�;Curtis,Christian;Tipton,�harl�ng;Cates,�net��; �arnhart Erir�;Nlembers Coun�il
Subject: Item 9.14(a)for 5/20/25 Council Agenda-FW:Tree Ordinance
Date: Monday,May 19,2025 9:07:00 AM
Erin Barnhart
Executive Assistant II
530.225.4044
From:Aleta Carpenter
Sent:Sunday, May 18, 2025 4:58 PM
To: Dr. Dhanuka, Paul <pdhanuka@cityofredding.org>
Subject:Tree Ordinance
�1'��1T(�?P�:T6�is a rr��i9 c�r��in�tcc�frc�r-n c���tsic��El�c i..ity��I��c3c��n�p C�(c�a,r� ��e��rr�f��E Snr�tF� lic�l<,>c,r att�s�;�rr�er�ts.
i`. �1�filU�{� —
I s�rv� �n th� Tr�e rdin�nce Co itt�� dc�rin ��r � c�rts to develop a pr�posal to
pres�nt ta the �ity �ounci9, �Ith�u h we w�r� un�ble t� �� e to agree e�� at that
ti �. Fi��lly � aft�r alr�ost tw� y�ar� - City st�ffi will be pr��entir� you vv�th two
o ti�n� �t y�ur Tu�sday �vening eetin .
1 v�r��1 lik� ta �rg� y�au to s�ppart pt�or� (�). A�ythin that adds tr��s to our
�nviror� �nt is p�sitiv�, �nd havin a ��ns�al��nt do � st�dy will pr�vide us all with
i �rt�nt ir�for ation. Trees si ply cannc�t �o�tinue #o b� fell�d wathc��t sorne
Et� atic��.
le��� f��;l fr�� to c�rrt�ct me if yau h�ve any ��sti�r�s P as yc�u �y r� e b�r, I
� alsca a c�ard e b�r of S R { h�sta �v9r�� ��t�i Allia�ce) and h�ve work�d
c�r� fihi� issue for �ever�l years.
Al�ta �arp��ter
From: Members.Co�neil
To: �ack Nlunns; N1ike Lattau;Resner Erin; Paul Qha�uka;Tes�essa Aud�tte
Cc: Ti i�,�arrv;Bade,Stev,�;Curtis �hris�i n;Ti tan.Sharl�n�;�ates.Anett�; �3arr�Mart�Erirr;Nlembers.�ouncil
Subject: Item 9.14(a)for 5/20/25 Council Agenda-FW:Vote option(a)in Item 9.14(a)in support of more trees on May
20.
Date: Monday,May 19,2025 9:29:23 AM
Erin Barnhart
Executive Assistant II
530.225.4044
From:A D
Sent:Sunday, May 18, 2025 11:04 PM
To:Audette, Tenessa <taudette@cityofredding.org>; Dr. Dhanuka, Paul
<pdhanuka@cityofredding.org>; Munns,Jack<jmunns@cityofredding.org>; Littau, Mike
<mlittau@cityofredding.org>; Resner, Erin <eresner@cityofredding.org>
Subject:Vote option (a) in Item 9.14 (a) in support of more trees on May 20.
�'A,IJ E"l�i��: �his err��il��sri�in����fr�rr�c�u�>ic�e.x�I���ity c,f�ec�r�ir��; �I�w�s� bcx c�r�e���€vtiith lir��;�c��a�t�cf���c=xn(:s.
Dear Redding City Council members,
Thank you for your service.
Redding needs
1. more trees planted in the city,
2. a fee collected from developers who cut down trees for building projects and
3. that fee dedicated to planting and maintenance of native trees within the COR (including but not
limited to fruit and nut trees)
--for both economic benefit of trees and environmental reasons.
Specifically, i urge city council to support option (a) in Item 9.14 (a) of the May 20 COR Council
agenda:
Option(a)Draft a program to plant trees on City of Redding(City)owned property, hire a consultant to
perform a nexus study, and recommend appropriate development impact fees;
Thank you
A. Deckert MD
COR resident and voter
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