Staff recommends moving public-tree rules from land-use code to street code to allow operational flexibility

Staff told the Planning Commission on Jan. 27 that council-level discussions had raised the prospect of moving public-tree maintenance rules out of Title 18 (land-use code) and into Title 12 (streets/sidewalks) so changes to maintenance practice would not require repeated Type 4 legislative hearings.

"The recommendation is I want to start the public hearing process to remove it out of 18, put it into 12," staff said, explaining the intent is to make operational adjustments easier for Public Works without reopening a full Type 4 legislative process each time staffing or priorities change. Currently, modifications to Title 18 require Type 4 hearings and dual public notices.

Commissioners raised concerns that related street-tree and planting standards are dispersed across multiple code chapters (for example, provisions in 17, 18 and 18.1504), and that relocating one section might create redundancy or orphaned requirements unless code language is consolidated. The Urban Forestry Committee and staff noted they have tracked overlapping sections and recommended hiring a professional to reconcile language across chapters for consistency and enforceability.

Staff concluded the item is at an informational stage, and commissioners asked staff to return with more detailed options, including a crosswalk of affected code sections and proposed language, before any evidentiary hearing is scheduled.