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Monterey council directs draft tree-ordinance updates but conditions EIR funding on FY27 budget approval after wide public debate
Summary
After extensive public comment and staff presentations, council directed staff to draft amendments to Chapter 37 (tree preservation) — including raised DBH thresholds for protected trees, a three-tier permit system, revised replant rules and tiered penalties — but voted to defer committing to an Environmental Impact Report (estimated $150K–$200K) until the FY27 budget is adopted.
City parks, planning and legal staff presented proposed changes to Monterey’s tree and shrub ordinance (Chapter 37) on April 21, proposing revised thresholds and a streamlined permit structure designed to balance urban-forest protection with wildfire defensible-space needs.
Key draft components described by staff included: raising protected-trunk diameter thresholds (proposed 8‑inch DBH for Monterey pine, Monterey cypress and coastal live oak; 12 inches for most other species), replacing the separate “view-trimming” permit with a general pruning permit tied to professional standards, and creating three permit categories to speed approval for dead/dying trees or those within five feet of structures. Staff also proposed flexible replanting rules that would permit replacement from an approved native-species list and a five-year survival requirement, and a tiered civil-penalty schedule for unlawful removals.
Assistant City Attorney Karen and Planning Manager Levi Hill told council that many of the ordinance changes that would relax removal protections or alter mitigation obligations would trigger environmental review under CEQA; staff estimated an EIR would take roughly six to eight months and cost $150,000–$200,000. Staff recommended continuing public outreach and returning with a draft ordinance and scope for environmental review.
Public comment ran more than an hour and included residents, arborists and neighborhood groups. Speakers split on the direction: some urged stronger protections for the unique Monterey pine forest and more replanting and monitoring; others pushed for clearer, faster authority to remove hazardous trees and for policies that address insurance-driven removal pressures. Several commenters and neighborhood groups urged replacing dying conifers with drought‑ and climate‑adapted native species.
Council deliberations focused on three choices: (1) whether to direct staff to prepare ordinance amendments now; (2) whether to commit budget to an EIR immediately or defer until the FY27 budget; and (3) how to balance the species-specific thresholds with defensible-space concerns. The council voted unanimously to direct staff to prepare a draft ordinance and EIR scope but to withhold funding for the EIR until the FY27 budget is approved.
What’s next: Staff will draft proposed ordinance language and an EIR scope and return to council; if FY27 budget approval includes EIR funding, staff will proceed with consultant selection and environmental review (estimated 6–8 months). Staff also signaled continued public outreach and clarified that emergency hazard removals remain permissible.
Attribution: Staff presentations (Nicole Banks, Ty, Levi Hill, Assistant City Attorney Karen), fire prevention remarks (Division Chief Justin Cooper) and many verbatim public comments were recorded at the April 21 meeting.
