Ordinance. Stamps, prior to the presentation, mentioned that the Public Comment regarding the
creation of bicycle lanes on Pacheco Blvd will be addressed in the future, as a project to create
separate bicycle lanes in the area of interest is already planned with the start of construction
pending the distribution of funds.
Stamps invited the Commission to ask general questions about the proposed ordinance.
The Commission inquired if Contra Costa County Fire Protection District (Con Fire),
Rodeo-Hercules Fire Protection District, the Moraga-Orinda Fire District, or any other fire
districts with unincorporated County coverage have reviewed the proposed ordinance. Stamps
confirmed that Con Fire has reviewed the proposed ordinance but would need to check with
other fire districts within Contra Costa County to confirm if they have reviewed the proposed
ordinance.
Stamps explained that the ratio of planted replacement trees to trees removed under this
proposed ordinance is 3:1. The current ordinance is outdated (not updated since 1994) and its
definition of a “protected tree” is difficult to decipher. The goal of this proposed ordinance is to
simplify the tree protection ordinance for permitting efficiency and clarify language for the
public to more easily understand.
Stamps highlighted three tables in the Agenda Packet created to better understand the proposed
Tree Protection Ordinance. Table 1 illustrates what types of trees are protected or excluded
under this proposed ordinance. Table 2 illustrates how the proposed ordinance would apply.
Table 3 compares the differences between the new proposed ordinance and the current
ordinance through example scenarios.
Stamps explained that all native and non-native trees are proposed to be protected, with several
exceptions for invasive trees or trees that present a high fire hazard risk. Many exceptions from
the current ordinance with regards to permit requirements to remove a tree were carried over to
the proposed ordinance, such as utility line trimming or if the tree presents an immediate
hazard. Designated “heritage trees” are protected, which refers to an individual tree and not all
trees of that species. The current ordinance’s permitting process does not align with several
other similar permitting processes; therefore, the proposed ordinance is intended to follow
similar rules to other current permitting processes. Certain criteria must be met for the tree to be
granted for removal.
The Commission inquired if community input indicated other types of trees to be excluded from
protection. Stamps explained that palm trees and a type of cottonwood tree have been
highlighted by the public as trees that are negatively impacting communities but are not
currently listed in the proposed ordinance. Commissioner Foster suggested adding Bradford
Pear and Tree of Heaven to be excluded from protection under the proposed ordinance because
they can host multiple invasive insect species.
The Commission inquired if the use of a tree as habitat for wildlife is considered a factor in tree
removal permitting. Stamps noted to discuss that topic with other planners for the proposed
ordinance.
The Commission discussed a suggestion that protecting all trees with specific exceptions may be
too all-inclusive for permitting efficiency, and the County could instead manage a list of tree
species for expedited permitting based on known qualities, such as hosting invasive species or
increased fire hazard. This list of trees could be available to the public to let them know the
permitting process for these trees is an easy, fast process to help ensure the correct process is
followed. Commissioner Goudey also explained that the blanket approval of tree removal
without review for homes in a very high fire hazard severity zone may be too far-reaching
because living trees are not as large of a fire hazard in wildfires as dead brush and other dry,
flammable material. The Commission suggested speaking with the County Council to ensure the
ordinance aligns with State law requiring vegetation to be removed within 5 feet of homes in
very high fire severity zones.
The Commission discussed several administrative policies that could be included for this
