Planning 2018-02-15 Item 3 - Adoption of 1/25/18 Minutes

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In response to a question raised by Commissioner Nguyen, staff stated that the violation section of the code was added in the event people cut down trees they are not supposed to. The code allows the City to assess a fine up to $1,000, or 3 times the market value of the tree as penalty for the violation. The Director has the authority to seek or not to seek a financial penalty in addition to the required replacement of the trees. Mr. Tischmak stated it is a different issue if the tree is cut down in the right- of-way,in addition to whatever penalties would be assessed by DCD. There was a discussion about an example of deliberate tree removal in Seattle to improve views and a comparison with Tukwila's proposed regulations. Commissioner Martinez requested that when revisions to the SAO regulations are brought to the Planning Commission,these include more specific violation language., The question was raised regarding past issues with insects damaging trees. Staff responded that the tree code doesn't have any bearing on that type of situation. This was probably the U.S.D.A. or State Department of Agriculture that required the tree removal in order to prevent an infestation of an invasive species—these agencies would have compelsated property owners. Tree removal in this instance would be an exemption from the tree code. Question raised,page 33, 18.54.120 B enforcement of a property owner threatening to violate the Chapter and the explanation going to City Council. Staff: If it was a serious situation and time sensitive special emergency,the code allows the director to go to court without going to the City Council beforehand. There would be coordination with the City Attorney, and Council President. Public Works Departmentrecommendations* • Page 17, 18.54.034 C., 3.,revised language to,include, "routine maintenance within rights-of- way related to interference', site distance emergency or topping as codified in chapter 11.20 of the TMC also be exempts",which will make the two chapters consistent. • Add, a new number five,under Exemptions to read: "The removal of trees in the right-of-way related to a capital'profject that has a landscaping component that includes trees,where there is adequate room in the right-of-way." Vern Mer h�citizen,recommendations: • Page 60, remove; 'City of Lake Forest Park' from the definition • Page 12, revise the language to read, an individual who is a certified professional with academic and/or experience that makes them a recognized expert in urban forestry and tree protection. • Increase significant tree size to 6". Commissioner Martinez suggested approving the recommended 6". Staff will change the definition of Significant Tree and in Table A and any references of 4 inches to 6"throughout the draft regulations. There was discussion on the approach of other jurisdictions,particularly SeaTac,which distinguishes between a conifer and deciduous tree in setting the significant tree size. Page 5 of 9 6