Planning staff presented a second work session on proposed updates to the Hayward Municipal Code to revise the city's tree preservation ordinance, describing new definitions, mitigation options and implementation steps and asking the commission for input on several policy elements.

Peter Jensen, a landscape architect for the City of Hayward, said the update aligns the ordinance with current best practices, establishes heritage-tree criteria, expands protections for native trees (including rear yards in specific interface areas), and includes an in-lieu fee option to fund off-site planting and maintenance.

Key policy proposals summarized by staff:
- Expand protection for native trees from front yards to include rear yards for qualifying properties along urban-native interfaces; mitigation required when such trees are removed.
- Require a 2:1 replacement ratio for removal of protected native trees using 24-inch box trees as a standard-size replacement for residential mitigation when on-site replacement is feasible.
- Retain the existing appraised-value method for mitigation on development projects, and add an in-lieu fee equal to 125% of the remaining appraised value when applicants do not replace trees on-site. Staff said the additional 25% would cover purchase, planting and maintenance costs and incentivize on-site replacement.
- Add a heritage-tree designation requiring a tree to meet at least two criteria (native/mature size, habitat value, horticultural/historical/cultural significance); removal of heritage trees would be processed through the site-review process with public notice and hearings if appealed.
- Add a sliding fee scale for removal and pruning permits, provide exemptions for dead/dying/hazardous trees (mitigation still required), reduce the tree-removal permit duration from one year to three months with a possible three-month extension, and clarify a penalty for illegal removal at double the permit fee (staff noted the current permit fee is $587).

Staff also described accompanying work: development of landscape guidelines for the Hayward Airport and a citywide tree canopy analysis. As part of outreach, staff said they mailed or emailed over 300 notices inviting stakeholders to review the draft ordinance and attend meetings.

Commissioners and public commenters raised concerns about equity and maintenance costs. Commissioner comments urged that outreach be framed as a positive, citywide tree campaign and asked about assistance for low-income homeowners who might not be able to afford mitigation or maintenance. Staff said the city's in-lieu fee funds have historically amounted to roughly $100,000 a year and that council could choose to use some funds for planting in underserved neighborhoods or for maintenance grants or reimbursements to support protected trees on private property.

Public commenter Bruce King of Friends of San Lorenzo Creek supported native-tree protection and suggested the ordinance may be weaker where the city lacks setback requirements for riparian areas; he described cases in which large riparian trees were removed without effective mitigation in place.

Staff and consultant Dudek representatives said the next steps are a Planning Commission recommendation after further edits, a City Council work session on March 18, preparation of a finalized draft for community review, and return of a final draft to the commission in late spring or early summer 2025 for a recommendation to council. No vote on the ordinance was taken at this meeting.