Menlo Park: Proposals aim to improve heritage tree enforcement

Improving replacement tree planting and survival rates, and better protecting the city's heritage trees, are three of the priorities for proposed changes to Menlo Park's heritage tree ordinance.

The changes, compiled by a three-member subcommittee drawn from the Environmental Quality Commission, would impose financial penalties on property owners for failing to plant replacement trees after removing heritage trees, according to the staff report.

The subcommittee suggested fines of $1,200 or more for failing to plant replacements. People who don't get permits before cutting down heritage trees would see fines of at least $10,000. The city currently has a $5,000 fine for removing a heritage tree without a permit.

Property owners unable to plant replacement trees on their own land would have the option to pay $800 toward planting two replacement trees on city property.

"Currently, we have data on how many trees were required as replacements but we do not collect data that documents how many were planted," said Environmental Programs Manager Heather Abrams. The current heritage tree ordinance doesn't clearly define how the planting of replacement trees is enforced, she said.

Right now enforcement only happens when a property owner asks for a site review or the tree removal is associated with a building permit that requires review under the water efficient landscape ordinance, according to Ms. Abrams.

The subcommittee also recommended improving public outreach about the replacement tree process via mailers and the city's website, and by placing logos on brochures and advertisements to make sure prospective real estate buyers know that Menlo Park has a heritage tree ordinance.

As for existing heritage trees, the subcommittee has proposed a three-year moratorium on further building permits for a given site if a heritage tree has already been cut down to accommodate a new project.

Other procedural suggestions include incorporating the Environmental Quality Commission during preliminary review of new development proposals that might entail heritage tree removal and adding a fee to construction permits that could be reduced or waived if the project will retain heritage trees.

The Environmental Quality Commission will review the proposed changes on Wednesday, Dec. 17. The meeting starts at 6:30 p.m. at city hall, located in the Civic Center at 701 Laurel St. The City Council will decide at a future meeting whether to follow the commission's final recommendations.

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Menlo Park: Proposals aim to improve heritage tree enforcement