DATE: September 17, 2024
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Title
Tree Preservation Ordinance Update: Work Session on the Proposed Policy Recommendations for the Updated Tree Preservation Ordinance
End
RECOMMENDATION
Recommendation
That the Council review the proposed policy recommendations and provide feedback, as necessary, on the development and adoption of an updated Tree Preservation Ordinance.
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SUMMARY
In May 2023, the City hired Dudek to assist with updates to the City’s Tree Preservation Ordinance, completion of a citywide Tree Canopy Survey, and updates the landscaping guidelines for the Hayward Executive Airport. While work on the Ordinance and the landscaping guidelines for the Airport continue, the Tree Canopy Survey has been completed and staff is looking for additional guidance from Council on several policy recommendations, which are based on best practices and support the more recently adopted environmental and sustainability goals of the City. The City’s existing Tree Preservation Ordinance is contained within the Hayward Municipal Code (HMC) and establishes the guidelines for the protection of existing trees in the City of Hayward as well as the establishes the process for removing, replacement, and mitigation for trees which are covered by the Ordinance.
Following review and analysis of the City’s existing Tree Preservation Ordinance, in conjunction with best practices and similar approaches from other cities, staff is recommending several policy changes to the existing Ordinance to refine the current processes for preserving the protected trees and tree canopy, while offering creative, flexible and realistic solutions for applicants that need to mitigate the removal of existing trees throughout the City. As part of this analysis, staff has identified several key policy areas of the Ordinance that are important for Council to consider as the City works to achieve its environmental and sustainability goals, including:
• Does the Council support the expansion and protection of native trees on private property, as defined by staff?
• Does the Council support the designation of heritage trees throughout the City, as defined by staff?
o If so, does the Council support a higher level of discretionary review when proposing to remove heritage trees, such as approval from the Planning Commission or City Council?
• Does the Council support mitigation requirements for the loss of tree canopy?
• Does the Council support an in-lieu fee option for off-site mitigation?
• Does Council support the proposed changes to the tree removal permit fee and time frame associated the duration of these permits?
Following feedback and direction from Council, staff will continue to update and finalize the draft Ordinance prior to release for public review and feedback, which is expected later this year.
ATTACHMENTS
Attachment I Staff Report
Attachment II Tree Canopy Survey
Attachment III Benefits of Tree in Urban Areas
Attachment IV Tree Survey Summary