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Staff says tree retention code currently limited to site plan review; code amendment needed to extend to land divisions
Summary
City planning staff reported that the existing tree retention provisions apply only to site‑plan reviews and do not cover land divisions; staff said making retention apply to land divisions would require a formal code amendment with clear and objective criteria to comply with state law.
Planning staff told the council the city’s tree retention provision (adopted in Order 2024-02) applies to developments subject to site plan review but not to land division applications. "Based on the structure of this, our tree retention code only applies to development subject to site plan review, so it doesn't apply to land division applications," planning staff said, and described this as likely an oversight requiring a code amendment.
Staff explained that for a tree retention rule to apply to land divisions it must be processed under the city’s legislative code‑amendment procedures and include clear‑and‑objective standards (for example, what trees qualify as significant, the percentage of a site to be preserved, and objective criteria for removal) so the standard can survive state review. A council member opposed the amendment on the record, saying the proposal "just needs to be thrown in a round file" and cited concerns about practical impacts; staff said any formal amendment would return for council vote after public processes.
