A new tree protection ordinance is a step toward Los Altos meeting environmental goals, but in some cases, will cost homeowners more for tree removal.
The ordinance, introduced at last week’s city council meeting, calls for an increase in removal fees from the current $75 to $300, to be comparable to fees in neighboring cities. An in-lieu fee of $1,200 is also introduced in the new ordinance, in the event there is no tree replacement. The ordinance pushes for retention and addition of native tree species, such as several oak varieties and encourages removal of non-native species. To this end, there is no charge for removal of an invasive species.
The ordinance purpose, according to the city is to “protect the city’s vibrant urban forest, maintain tree canopy that contributes to carbon sequestration, and provide clear tree removal criteria for both residents and city staff.” The ordinance applies to both publicly and privately owned trees.
Staff’s initial attempt at an ordinance before council, in November, met with questions and concerns from council. Modifications made since include removal of dead or diseased trees not requiring a permit; trees deemed “hazardous” not requiring a removal permit; not requiring replacement trees when existing trees have caused direct damage to a property. An arborist, with some exceptions, is required to weigh in as part of the removal process.
In order to protect more existing trees, the ordinance dictates that all trees be protected at a smaller diameter of 12 inches rather than the previous 15-inch diameter. This also includes protecting native trees at a diameter of 10 inches “as natives require less care, have a better chance of survival, provide food and shelter for local wildlife, and can withstand California’s drought conditions,” according to a staff report.
The new law says trees removed shall be replaced in-kind, with some exceptions. In cases or at sites where smaller trees at maturity are proposed, more trees will be required. For example, if a 45-inch diameter tree is removed, and the applicant is proposing to replace it with a species that would reach 20 inches at maturity, two additional trees would be required.
The law is scheduled for a second reading and adoption at the council’s Feb. 13 meeting, and will become effective 30 days afterward.
In other news, the council:
• Adopted a resolution establishing housing in-lieu fees pursuant to state law which requires cities with inclusionary ordinances provide developers with “at least one alternative” for compliance, such as an in-lieu fee, land dedication or off-site construction of affordable units. In-lieu fees are set at 80% of the maximum feasible fee calculated, using construction cost methodology in an accompanying feasibility study.
The resolution also includes blended rates for multifamily rental and condo projects.
As part of the city’s housing element requirement, the resolution also includes a “commercial linkage fee” for affordable housing. Council members last year discussed the possibility of mixed-use development – retail on the bottom floor – in locations such as Rancho Shopping Center.
According to a city staff report, the in-lieu fees are ensured not to be a “constraint” on housing development. And future amendments to the established inclusionary housing in-lieu fee shall be reviewed annually and will be increased if appropriate based on Consumer Price Index (CPI).
• Postponed discussion of the city’s pavement management program update. Mayor Jonathan Weinberg was concerned the goal of achieving an overall pavement condition index (PCI) of 76 by 2027 could mean spending an excessive amount of city funds – a city staff report estimated at least $12.5 million over five years. He asked whether there was a better, more affordable goal, one that might target problem areas rather than an overall PCI rating. Council will return at the Feb. 13 meeting for further review.
