CITY OF KIRKLAND Planning and Building Department 123 5th Avenue, Kirkland, WA 98033 425.587.3600- www.kirklandwa.gov

MEMORANDUM

To: Kurt Triplett, City Manager

From: Christian Geitz, Planning Supervisor Kelly Wilkinson, Development Review Arborist Shannon Sedlacek, Code Enforcement Officer Jeremy McMahan, Deputy Planning and Building Director Adam Weinstein, AICP, Planning and Building Director

Date: April 13, 2020

Subject: Tree Code Enforcement Amendments for Kirkland Municipal Code section 1.12.100 and KMC 7.02.260

STAFF RECOMMENDATION Staff recommends that City Council receive a briefing on proposed Kirkland Municipal Code (KMC) amendments to section 1.12.100 and 7.02.260, associated with Tree Code Enforcement standards. These amendments are related to draft amendments to Chapter 95 of the Kirkland Zoning Code that are currently being reviewed by City Council. Section 7.02.260 KMC, while also discussed in association with these amendments, will be proposed for update later in the year.

Following the presentation, City Council should consider the draft amendments of KMC 1.12.100 and provide input. Staff recommends final approval of these amendments at the May 5 Council meeting.

BACKGROUND The Tree Enforcement Codes of KMC 1.12 were last discussed at the City Council meeting held on June 19, 2018, at which time amendments for stormwater violations were also discussed and ultimately adopted. The Tree Enforcement Codes were deferred to accompany future work on amending the Holmes Point Overlay (HPO) Chapter 70 KZC and Tree Retention codes of KZC 95. Since that date, the HPO code update was rescheduled to follow adoption of KZC 85 (Geologically Hazardous Areas) and the KZC 95 update. Since tree code enforcement is such a critical component of developing a more effective tree code, staff was directed by Council at the February 4, 2020 meeting to separate out the Enforcement Code update from the general KZC 95 update process and bring back to the Council final Enforcement Code language for consideration.

These code amendments are considered necessary and routine pursuant to Governor Inslee’s Proclamation 20-28 regarding COVID-19: Open Public Meetings Act and Public Records Act, issued on March 24, 2020, because they are needed to prevent long-term

Council Meeting: 04/21/2020 Agenda: Business Item #: 9. f. (1)

Memo to City Manager KMC Tree Code Enforcement Amendments

damage to the City’s urban forest by strengthening code enforcement of tree regulations and including increased civil penalties for illegal tree removal or damage. The urban forest provides important public safety benefits such as improving air and water quality and helping prevent flooding, erosion and landslide risks. Action to deter illegal tree removal is in the immediate public interest. Staff is presenting the code language discussed at the June 2018 Council meeting along with some minor adjustments and additional background information to be considered. Previous Discussions and Changes since 2018 During Planning Commission work on the HPO regulations and enforcement provisions in 2018, the Finn Hill Neighborhood Alliance (FHNA) developed several recommendations regarding tree retention and enforcement. One of the main items discussed involved imposing a fee on development activities to retain more code enforcement officers. Out of concern that such fees would add to development costs (particularly the cost of developing new housing), staff addressed the enforcement concerns with stronger code language, recommending increased fines (KMC amendments), and clarification of the City’s authority to suspend or revoke business licenses for repeat code offenders. Taking into consideration the desire for additional staffing, staff met with Public Works and Building Division inspectors to emphasize enforcement of tree protection fencing requirements during construction. In addition, staff recommended and the City Council approved a new Environmental Analyst/Compliance position within the Public Works Department, to support the field inspectors and provide the necessary expertise to recognize fencing violations occurring at critical stages in the development and provide correction. The Environmental Analyst provides supportive inspections and an extra set of eyes out in the field, checking in on development sites and identifying tree protection violations (among other duties, like monitoring environmental mitigation sites). The position works closely with field crews on development sites to help ensure compliance with tree protection regulations, as well as with Planners, Code Enforcement, and City Inspectors to ensure compliance or corrective action. Planning Commission Recommendation While the Municipal Code Update process does not require input from the Planning Commission, in 2018 the Planning Commission made recommendations involving the KMC 1.12 update that were associated with the KZC 70 and 95 discussions. The Commission recommended that City Council should investigate ways to use new and existing regulations and provide new dedicated resources to undertake aggressive enforcement of tree code violations. The Planning Commission did not identify a specific approach to achieving this objective. More recently with their recommendations on the KZC 95 updates forwarded to Council in January of 2020, the Planning Commission included the following recommendation:

The Planning Commission understands that the City Council will be considering updates to the enforcement and penalty provisions of the Kirkland Municipal Code

Memo to City Manager KMC Tree Code Enforcement Amendments

(KMC) related to violations of the tree regulations. While the code enforcement provisions of the KMC are not the purview of the Planning Commission, we have worked hard on updating the tree regulations and support efforts to ensure that these regulations are followed, and violations result in appropriate penalties. Public testimony has expressed concern that there are blatant violations of current regulations and that current enforcement and penalties are not adequate to deter these violations. The Planning Commission supports stiffer penalties, especially for those who knowingly violate the regulations for profit (i.e. – in violation of permit conditions) and those who are in the business of trees and are thus responsible for knowing the rules (i.e. – developers and arborists).

DISCUSSION The following sections discuss proposed code amendments within KMC sections 1.12.100 (Special Enforcement of Tree Code Violations) and 7.02.260 (Business Licensing Requirements), and provide analysis of enforcement case history, and comparison with other jurisdictions for both current and proposed code. Proposed Code Amendments The proposed code amendments establish higher fines per tree and clarify replanting standards. Upon completion of the current KZC 95 update, additional modifications to KMC 1.12.100 may be required to ensure consistency. The following is a synopsis of the proposed changes, including those discussed at the June 2018 Council meeting and additional changes made since. Attachment 1 includes the complete proposed codes for KMC 1.12.100 and KMC 7.02.260. KMC 1.12.100 (Special Enforcement of Tree Code Violations) • Increased civil penalty fines for illegal tree removal or damage relevant to tree size.

For example, rather than the previous $1,000 fine per tree for trees of any size, civil penalty fines would now range from $1,000 for a 6-10-inch diameter at breast height (DBH) tree to $20,000 for a tree over 30 inches DBH. A significant break in the penalty is proposed to align with current KZC discussion regarding the size of a Landmark Tree.

• Address situations where a tree has been illegally removed and attempts are made to conceal the evidence; the proposed amendments add a $10,000 civil penalty fine in those situations.

• Adds the authority to assess treble damages for illegal public tree removal or damage per RCW 64.12.030.

• Clarifies the definition and fines for “repeat violations.” • Clarifies tree/site restoration requirements based on size using tree density credits

(trunk diameter, or DBH) and establishes a fee in lieu of planting amount based on current industry standard unit costs for replacement.

KMC 7.02.260 (Business License Requirements) • Suspends or revokes business licenses for repeat offenders (this provision is focused

on companies that routinely engage in tree removal, such as major development companies, construction contractors, and firms that provide tree removal and

Memo to City Manager KMC Tree Code Enforcement Amendments

maintenance services). The authority to revoke or suspend a license currently exists in KMC 7.02.260.

Peer City Comparison Staff has reviewed other city codes on the Eastside for comparison (see Attachment 2). The comparisons illustrate a range of enforcement fines regarding, for example, the illegal removal of a 30-inch DBH tree. The fines that would be assessed under the proposed KMC amendments are similar to those already in place in Bellevue, Mercer Island, and Sammamish. Woodinville is the only other Eastside city in the staff survey that currently increases fines for repeat violations, although their fine structure is less than that proposed in the KMC amendments. All cities, with the exception of Bellevue, require replacement trees to be included through the enforcement process. Attachment 2 provides additional background and descriptions of tree enforcement codes for nearby cities, including the most recent year of revision. Overview of Code Enforcement Practice and Trees The following section provides an overview of the methods and process that Code Enforcement uses to implement the enforcement codes within KMC 1.12.100. Code Case Review At the June 2018 Council meeting and subsequent meetings where enforcement of tree regulations has been discussed, Council members have identified the following concerns and topics for further discussion:

• Establishing a simple process for how fines are mitigated or waived; • Concerns over higher fines and business license implications; • Interest in feedback from the development community; • Clarity on enforcement of illegal removal of Parks or right-of-way trees, • Establishing some leniency for first-time offenders; and • Development of higher fines due to loss of tree canopy with proposed KZC 95

amendments.

To begin to respond to these concerns, it is important to understand how the Code Enforcement Program functions related to enforcement of the tree code. Attachment 3 summarizes 2019 code enforcement cases where illegal tree removal or damage occurred, and illustrates that fines are frequently mitigated or waived as part of the correction process. To compile this spreadsheet, staff identified Code Enforcement cases created in 2019 associated with unauthorized tree removals/damage. A total of 17 cases were determined to have violated the tree removal or retention standards of KZC 95 during 2019 (see Attachment 3). An additional eight cases were created based on public complaints or staff observations, although upon investigation it was determined that there was no violation. The 17 cases in 2019 were located both on private and public property and included the illegal removal of 38 trees and were assessed a total of $35,000 in fines. Of the total assessed fines, just under half of the fines were waived, with the City collecting $19,000 and requiring the installation of 39 replacement trees.

Memo to City Manager KMC Tree Code Enforcement Amendments

The majority of tree code enforcement cases that are initially called into the City are resolved after either confirming a permit was obtained or that the property owner was eligible for the two per 12-month tree removal allowance, as referenced above with the eight cases that were resolved without fines. The data provided is not a complete count of illegal tree removals in 2019, as Code Enforcement in Kirkland relies on a complaint-based system (meaning that many instances of illegal tree removal may not be reported). Proposed Procedure The ultimate objective of the Code Enforcement Program is code compliance and not the assessment of fines. To that end, enforcement staff start with investigation, discussion, and working with those involved in the case. Many cases, as shown in the examples in Attachment 3, are corrected or completed without fines being assessed, using the discretion of the Code Enforcement Officer and through discussion with the Code Enforcement Team, which includes both Officers, the Planning Supervisor, and the Planning and Building Director. This team weighs the facts of each case/situation individually, assesses the information available, and develops a reasonable corrective plan, which includes restorative planting and fines pursuant to KMC 1.12.100. In response to Council’s interest in establishing a process through which fines are mitigated or waived, the City could either develop code within KMC 1.12.100 similar to the Surface Water Management enforcement matrix table of KMC 1.12.200 or provide the same function through procedures within the Code Enforcement Program. Staff recommends following the methodology of a matrix as it has resulted in a fair and equitable results in the past that more effectively consider a diversity of factors in ascertaining appropriate corrective action. The Code Enforcement Officer considers the following when determining the assessment of fines:

• Did the violation result in environmental damage? This question considers whether there was impact to critical areas on or near the property, such as wetlands, streams, the shoreline, or steep slopes.

• Was the illegal removal a willful or knowing violation? Development permits contain permit conditions and retention standards both through written and illustrated materials. Staff considers if the removal was completed with disregard to such materials. Additionally, properties that contain easements that require retention of groves, landmark trees, or trees in protected areas such as Native Growth Protective Easements (NGPE) for wetland or stream buffers, or Protected Natural Areas (PNA) in the Holmes Point Overlay are recorded on title, and made available to the property owner.

• Was the illegal removal a repeat offense? Has the particular owner or tree removal company been involved in an illegal tree removal in the past, or have they been educated through the development process prior to the case?

• Were the responsible party/parties uncooperative or unresponsive in correcting the violation? Those individuals that work closely with the City and seek

Memo to City Manager KMC Tree Code Enforcement Amendments

corrective action often see reductions in fines, depending on the other questions being considered.

• Did anyone benefit economically from the illegal removal? For instance, some removals result in the improvement of views, resulting in increased property values or reduced construction costs.

These questions are some that are considered when evaluating the assessment of fines and determining how to proceed with corrective notice on a case. Education and restoration are the highest priority for the Code Enforcement program. Code compliance officers make frequent contact with violators, both to educate them about the tree code and to guide them through the enforcement process. Code compliance officers are given substantial discretion to waive or reduce fines, and such practices are encouraged if code compliance can be achieved. However, it is worth noting that in cases where fines are collected or payments are made in-lieu of restoration, this money goes into the City’s Forestry Account. The Forestry Account is established for the following purposes:

• Acquiring, maintaining, and preserving wooded areas within the City; • Planting and maintaining trees within the City; • Establishment of a holding public tree nursery; • Urban forestry education; • Implementation of a tree canopy monitoring program; or • Other purposes relating to trees as determined by the City Council.

Potential Need for Additional Changes KZC Chapter 95 updates are still underway, with an uncertain completion date due to the Governor’s recent proclamation restricting items acted upon at public meetings. Until the KZC 95 updates are completed, uncertainties around consistency between the two codes exists. To account for that uncertainty, staff has included some suggested amendments that may assist in the completion of KZC 95 and avoid the need for future amendments to KMC 1.12.100 section.

Attachments: 1. Tree Fine and Code Comparison of Peer Cities Chart 2. 2019 Code Enforcement Case Chart 3. Ordinance

Attachment 2

Tree Fine Nearby City Comparison Examples

City

Fines and restoration for illegal removal

of a 12" diameter at breast height (DBH)

tree on private property

Fines and restoration for illegal removal of a 30"

DBH tree on private property Comment

Bellevue $200 or up to $2,211* $200 or up to $13,819* Fines $200 or the appraised value of the tree

Kirkland (Current Code) $1,000 and 2 replacement trees $1,000 and 11 replacement trees Same fine amount, no matter the size of the tree

Kirkland (Proposed Code) $2,000 and 2 replacement trees $20,000 and 11 replacement trees Fines based on DBH

Mercer Island Up to $6,633* and replacement tree(s) Up to $41,459* and replacement tree(s)

Amount of replacement trees not specified in code.

Fine is three times the appraised value of the tree.

Redmond $3,000 and 3 replacement trees $3,000 and 6 replacement trees Same fine amount, no matter the size of the tree

Sammamish $12,000 and 4 replacement trees $25,000 and 8 replacement trees Fines based on DBH, max fine of $25,000

Woodinville $1,000 and 2 replacement trees $1,000 and 6 replacement trees

Fines significantly higher if repeat violation or

knowing violation

*Value based on the appraised value. Used the Trunk Formula Method in the Guide for Plant Appraisal 10th Edition. Tree assumed to be a conifer tree with good health, structure

Attachment 2

City Description of How Fines are Assessed

Code

Section

Year of Last

Revision

Bellevue Public tree removals incure a fine of either $500 for each tree cleared, cut, damaged or removed or

triple the value of each tree. Private tree removals incure a fine of $200 or the value of each tree.

The value of the tree is the replacement value as determined under the methods described in the

Guide for Establishing Value of Trees and Other Plants.

1.18.045 2006

Mercer Island The penalty is a fine equal to up to three times the value of the damaged or cut tree or

removed vegetative cover, plus the cost of reasonable remediation. Trees and other vegetation

shall be appraised according to the method specified by the Council

of Landscape and Tree Appraisers, most current edition.

19.10.160 2017

Replacement trees shall be planted in the area of the removed tree(s). The amount of replacement

trees required is not specified in code.

Redmond A fine of up to $3,000 per tree for removal of or damage to significant trees. 20D.80.20-130 1998

Required replacement trees are based on the size of the removed tree according to the table

below.

Tree Fine Neighboring Cities Comparison

City Description of How Fines are Assessed

Code

Section

Year of Last

Revision

Sammamish The fine is $1,500 per inch of diameter at breast height of tree removed or damaged up to $25,000

plus the cost of restoration. If the diameter at breast height is unknown, the size of the tree shall be

the diameter of the top of the stump.

23.100.010 2016

Restoration is based on the size of the removed trees. Trees with a DBH equal to or greater than

eight inches up to 12 inches shall be replaced by four trees. Trees with a DBH equal to or greater

than 12 inches up to 16 inches shall be

replaced by six trees. Trees with a DBH of 16 inches or more shall be replaced by eight trees.

23.100.015 2015

Woodinville The fine is $1,000 per tree for the first tree illegally removed, $1,500 per tree for the second and

$3,000 per tree for a third and each additional tree. In cases where the the violator knowlingly

violated the tree code or committed previous violations the fine, restoration costs shall be paid at

the discretion of the Director. Restoration costs may be based on the City appraised value of the

subject trees in which the violation occurred, utilizing the trunk formula method in the current

edition of the Guide for Plant Appraisal.

1.06.230 2019

Replacement trees required is equal to the number of tree credits removed. If the violator cannot

replace to the standard required, the violators will pay the unit cost for a restoration tree, $500, per

tree credit.

21.50.140 2019

21.50.060(3) 2019

Attachment 3

Code Enforement 2019 Tree DataTree cases where the Code Enforcement Officer determined that a violation occured

COM ## of TreesRemoved

Public Trees orPrivate Trees

FinesAssessed

FinesCollected

FinesWaived

Property UnderDev. or Pre-Dev.

Tree(s) located incritical area

Number ofReplacementTrees Planted

Fees in Lieu ofRestorationCollected

19-00048 2 public $ 2,000 $ 1,000 $ 1,000 No No 1 $ -19-00049 1 public $ 1,000 $ - $ 1,000 No Yes 1 $ -19-00091 2 public $ 2,000 $ 1,000 $ 1,000 No Yes 2 $ -19-00120 4 public $ 4,000 $ 4,000 $ - No No 2 $ -19-00189 1 private $ 1,000 $ 1,000 $ - Yes No 1 $ -19-00243 1 private $ 1,000 $ 1,000 $ - Yes No 1 $ -19-00277 4 private $ 4,000 $ - $ 4,000 No No HE waived HE waived19-00291 5 private $ 3,000 $ - $ 3,000 No No 6 $ -19-00372 2 private $ 2,000 $ - $ 2,000 No Yes 7 $ -19-00447 3 private $ 3,000 $ 3,000 $ - Yes Yes - $ 4,90019-00506 1 private $ 1,000 $ 1,000 $ - Yes No 6 $ -19-00545 1 private $ 1,000 $ 1,000 $ - Yes No 2 $ -19-00582 3 private $ 3,000 $ - $ 3,000 No Yes 3 $ -19-00643 1 private $ 1,000 $ 1,000 $ - Yes Yes 1 $ -19-00672 1 private $ 1,000 $ - $ 1,000 Yes No 1 $ -19-00674 2 private $ 1,000 $ 1,000 $ - Yes No 5 $ -19-00677 4 private $ 4,000 $ 4,000 $ - Yes No $ -

Totals 38 $ 35,000 $ 19,000 $ 16,000 39

ORDINANCE O-4725

AN ORDINANCE OF THE CITY OF KIRKLAND AMENDING REGULATIONS RELATED TO VIOLATIONS OF THE CITY’S TREE PROTECTION CODE.

WHEREAS, the City of Kirkland’s Comprehensive Plan Policy 1 NE-3.1 recognizes that trees are an important element of the 2 physical environment; and that protecting, enhancing, and 3 maintaining healthy trees and vegetation are key community 4 values; and 5

6 WHEREAS, the City has previously adopted legislation via 7

Ordinance 4010 and amendments thereto, codified at KZC 8 Chapter 95, recognizing that maintaining healthy tress can 9 minimize the adverse impacts of runoff, soil erosion, land 10 instability, sedimentation and pollution of waterways, thus 11 reducing the public and private costs for storm water 12 control/treatment and utility maintenance; can improve air quality 13 by absorbing air pollutants, mitigating the urban heat island 14 effect, assimilate carbon dioxide and generate oxygen, and 15 decrease the impacts of climate change; can reduce the effects of 16 excessive noise pollution; provide cost-effective protection from 17 severe weather conditions with cooling effects in the summer 18 months and insulating effects in winter; can provide visual relief, 19 screening buffers, recreational benefits, habitat, cover, food 20 supply and corridors for a diversity of fish and wildlife; and can 21 provide economic benefit by enhancing local property values and 22 contributing to the region’s natural beauty, aesthetic character, 23 and livability of the community; and 24

25 WHEREAS, based upon the City’s experience during the 26

past several years with these code enforcement regulations to 27 protect trees, including the effectiveness of the regulations to 28 prevent damage to trees and related environmental damage, and 29 to reimburse the City for reasonable costs incurred in having to 30 respond to environmental damage caused by unlawful tree 31 removal/damage, staff recommends certain revisions to the City’s 32 Code Enforcement Regulations in Chapter 1.12; and 33

34 WHEREAS, these code amendments are considered 35

necessary and routine pursuant to Governor Inslee’s Proclamation 36 20-28 regarding COVID-19: Open Public Meetings Act and Public37 Records Act, issued on March 24, 2020, because they are needed38 to prevent long-term damage to the environment, especially the39 City’s urban forest, by strengthening code enforcement of tree40 regulations.41

42 NOW, THEREFORE, the City Council of the City of Kirkland 43

do ordain as follows: 44 45

Attachment 4

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Section 1. Kirkland Municipal Code Section 1.12.100 is 46 amended to read as follows. 47

48 1.12.100 Special provisions relating to enforcement of 49 tree regulations in Chapter 95 KZC. 50

(a) General Requirements. This section applies to all trees in 51 the city, including private property trees, public property trees and 52 street trees. Enforcement shall be conducted in accordance with 53 procedures set forth in this chapter. Special enforcement 54 provisions related to tree conservation retention and restoration 55 are set forth in this section. 56

(b) Authority. It shall be the duty of the applicable 57 department director to administer the provisions of this section. 58

(c) Civil Penalty Fines for Tree Removal. 59 (1) Each unlawfully removed or damaged tree shall 60

constitute a separate violation It is unlawful to remove or damage 61 trees in violation of the tree regulations in Chapter 95 KZC. 62

(2) In addition to the definitions established in Title 1.12.020 63 KMC, Aany person who aids or abets in the violation shall be 64 considered to have committed a violation for purposes of fines. 65

(3) Types of violations. Violations of this code include, but 66 are not limited to, the following: 67

(A) Removal or damage to tree(s), prior to final tree retention 68 plan approval or issuance of a city tree removal permit; 69

(B) Removal or damage to tree(s) that are shown, or would be 70 shown, to be retained on an approved tree retention plan or any 71 other violation of an approved tree retention plan; 72

(C) Removal or damage to tree(s) without applying for or 73 obtaining a required city tree removal permit; or 74

(D) Removal or damage to trees in violation of the terms and 75 conditions of an issued City permit, including any and all violations 76 of American National Standards Institute (ANSI) A300 Pruning 77 Standards. 78

(34) Civil Penalty Ffines shall be assessed in accordance with 79 Table 1.12.100,. Fines are due according to the corrective action 80 described in the notice of tree fines and restoration due. based on 81 the Diameter at Breast Height (DBH) of the unlawfully removed 82 or damaged tree trunk. If the DBH of an unlawfully removed or 83 damaged tree cannot be established, the diameter of the 84 remaining stump top shall be used in lieu of DBH. In cases where 85 the stump has been removed but where other evidence indicates 86 a pre-existing regulated or significant tree, the City shall assess a 87 minimum $10,000 civil penalty fine per unlawfully removed tree. 88 Fines may be assessed against the responsible party in addition 89 to the cost(s) of restoration. The applicable department director 90 may elect not to seek fines if he or she they determines that the 91 circumstances do not warrant imposition of fines in addition to the 92 cost(s) of restoration. 93

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Table 1.12.100

Types of Violations Allowable

Fines per Violation

1. Removal of tree(s) approved to be removed, but prior to final tree plan approval or issuance of a city tree removal permit

$100.00 per tree

2. Removal or damage of tree(s) that are or would be shown to be retained on an approved tree plan or any other violation of approved tree protection plan

$1,000 per tree

3. Removal of tree(s) without applying for or obtaining a required city permit

$1,000 per tree

94 Table 1.12.100 Civil Penalty Fines

Unlawfully Removed or Damaged Tree DBH or Stump Diameter

Fines per Tree

Larger than 6 and up to 10 inches

$1,000

Larger than 10 and up to 14 inches

$2,000

Larger than 14 and up to 18 inches

$4,000

Larger than 18 and up to 22 inches

$6,000

Larger than 22 and up to 26 inches

$8,000

Larger than 26 and up to 30 inches

$16,000

Larger than 30 inches $20,000 Tree stump has been eliminated $10,000

Tree(s) protected through easement, tracts or similar document (such as, grove easements, Native Growth Protection Easements, Native Growth Retention Area, or Protected Natural Areas)

Minimum $1,000 per tree regardless of size. Fines above are further multiplied by 1.5.

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95 (5) The fine per-tree penalty for repeat violations shall be 96

determined by multiplying the fine per tree amount in Table 97 1.12.100 by the number of violations. For example, the fine per-98 tree amount for second-time violations is multiplied by two, and 99 the fine per-tree amount for third-time violations is multiplied by 100 three, and so on. 101

(6) Treble Damages. Where violation(s) result in the unlawful 102 removal of or damage to public trees, the City may assess treble 103 damages per RCW 64.12.030. 104

(d) Tree and Site Restoration. 105 (1) Restoration Plan. Violators of Chapter 95 KZC or of a 106

permit issued thereunder shall be responsible for restoring 107 unlawfully damaged areas. in conformance with a restoration plan 108 approved by the applicable department director. The restoration 109 plan shall provide for repair of any environmental and property 110 damage and restoration of the site. The goal of the restoration 111 plan shall be a site condition that, to the greatest extent practical, 112 equals the site condition that would have existed in the absence 113 of the violation. In cases where the violator intentionally or 114 knowingly violated this chapter or has committed previous 115 violations of this chapter, restoration costs may be based on the 116 city-appraised tree value of the subject trees in which the violation 117 occurred, utilizing the industry standard trunk formula method in 118 the current edition of the “Guide for Plant Appraisal.” If diameter 119 of removed tree is unknown, determination of the diameter size 120 shall be made by the applicable department director by comparing 121 size of stump and species to similar trees in similar growing 122 conditions. The amount of costs above the approved restoration 123 plan will be paid into the city forestry account. 124

(A) The restoration plan shall depict repairs of any 125 environmental and property damage and restoration of the site. 126

(B) Tree violations that occur in critical areas and their buffers, 127 on properties within shoreline jurisdiction and within the Holmes 128 Point Overlay zone are also subject to any restoration plan 129 requirements in KZC Chapters 90, 85, 83 and 70 KZC, respectively. 130

(C) Restoration plans on private property shall be approved by 131 the Planning Official. If the violation occurred to public trees, or 132 street trees, the applicable department director or their designee 133 may require a violator to pay fees in lieu of restoration per KMC 134 1.12.100(d)3. 135

(2) Restoration Plan Standards. The restoration plan shall be 136 in accordance to the following standards: 137

(A) The number of trees required to be planted is shall be 138 equal to the number of tree credits of illegally removed trees 139 according to Table 1.12.101 Kirkland Zoning Code Table 95.33.1. 140

141 Table 1.12.101: Tree Credits for Illegally Removed 142

Trees 143 (Credits per minimum diameter – DBH) 144

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DBH Tree

Credits DBH Tree

Credits DBH Tree

Credits 3 – 5" 0.5 24" 8 38” 15 6 – 10" 1 26" 9 40” 16 12" 2 28" 10 42” 17 14" 3 30" 11 44” 18 16" 4 32” 12 46” 19 18" 5 34” 13 48” 20 20" 6 36” 14 50” 21 22" 7

145 146 (B) The minimum size for a tree planted for restoration is 147

twelve-foot-tall shall be a six-foot tall conifer and/or threetwo-inch 148 caliper deciduous or broadleaf evergreen tree. The city may 149 approve smaller restoration tree sizes at a higher restoration ratio, 150 provided the site has capacity for the additional trees and the 151 results of restoration at a higher restoration ratio are as good or 152 better than at the normal ratiodepending on the size, quality and 153 species of the removed tree. The smallest allowable alternatives 154 to the normal restoration requirements shall be two eight-foot 155 conifers for one twelve-foot conifer or two two-inch caliper 156 deciduous for one three-inch caliper deciduous tree. 157

(C)The restoration plan shall include a maintenance plan and 158 an agreement or security to ensure survival and maintenance of 159 restoration trees for a minimum three-year period; provided, if the 160 violation was on a site with an approved tree retention plan, the 161 maintenance period shall be a minimum of five years. 162

(3)(C) In the event the violators cannot restore the 163 unlawfully removed or damaged trees, the violators shall make 164 paymentpay a fee in lieu of restoration to the City Forestry 165 Account. Unless otherwise determined to base the restoration 166 costs on appraised value, the amount paid will be the city’s unit 167 cost for a restoration tree multiplied by the number of outstanding 168 tree credits. The city’s unit cost is based on the current market 169 cost of purchase, installation and three-year maintenance for a 170 minimum-sized tree for restoration. 171

(A) Fees in lieu of restoration shall be based on the value of 172 the subject trees, utilizing the most recent version of the Pacific 173 Northwest Chapter International Society of Arboriculture (ISA) 174 “Species Ratings for Landscape Tree Appraisal” unit cost for 175 conifer and/or deciduous tree replacement, multiplied by the 176 number of illegally removed tree credits per Chapter 95.33.1 KZC. 177

(B) If the diameter at breast height of a removed or damaged 178 tree trunk is unknown, determinations of tree value shall be made 179 per KMC 1.12.100(c)4. 180

(D) The restoration plan shall include a maintenance plan 181 and an agreement or security to ensure survival and maintenance 182 of restoration trees for a three-year period unless the violation 183

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was on a site with an approved tree plan, in which case the 184 maintenance period is five years. 185

(e) Hearing on Violation, Failure to Restore or Failure to Pay 186 Fines. The city may issueshall enforce this code via issuance of a 187 notice of civil violation to the violator(s) according to the 188 procedures set forth in Chapter 1.12 KMC.person(s) who violates 189 Chapter 95 KZC or a permit issued thereunder and fails to restore 190 or pay fines according to the procedures set forth in this chapter. 191 The hearing on the notice of civil violation shall be held in 192 accordance with KMC 1.12.050 and shall determine whether the 193 person(s) violated applicable tree regulations or permit conditions 194 and impose any appropriate fine(s) for such violation(s), as well 195 as whether the person(s) failed to restore or pay fines according 196 to the procedures set forth in this chapter. Violator(s) may 197 administratively appeal the notice of civil violation, in which case 198 a hearing on the notice of civil violation shall be held in accordance 199 with Title 1.12.050 KMC and the hearing examiner shall determine 200 whether violation(s) occurred and, if so, the hearing examiner 201 may impose any appropriate fine(s) for such violation(s), as well 202 as require restoration or fee(s) in lieu of restoration. 203

204 Section 2. If any provision of this ordinance or its 205 application to any person or circumstance is held invalid, the 206 remainder of the ordinance or the application of the provision to 207 other persons or circumstances is not affected. 208

209 Section 3. This ordinance shall be in force and effect five 210

days from and after its passage by the Kirkland City Council and 211 publication pursuant to Section 1.08.017, Kirkland Municipal Code 212 in the summary form attached to the original of this ordinance and 213 by this reference approved by the City Council. 214

215 Passed by majority vote of the Kirkland City Council in open 216 meeting this _____ day of ______________, 2020. 217 218 Signed in authentication thereof this _____ day of 219 ________________, 2020. 220 221 222 223 ____________________________ 224 Penny Sweet, Mayor 225 226 Attest: 227 228 229 ____________________________ 230 Kathi Anderson, City Clerk 231 232 Approved as to Form: 233 234 235 ____________________________ 236 Kevin Raymond, City Attorney 237

PUBLICATION SUMMARY OF ORDINANCE NO. 4725

AN ORDINANCE OF THE CITY OF KIRKLAND AMENDING REGULATIONS RELATED TO VIOLATIONS OF THE CITY’S TREE PROTECTION CODE.

SECTION 1. Amends the special provisions of the Kirkland Municipal Code, KMC 1.12.100, relating to enforcement of tree regulations as contained in Chapter 95 Kirkland Zoning Code.

SECTION 2. Provides a severability clause for the ordinance.

SECTION 3. Authorizes publication of the ordinance by summary, which summary is approved by the City Council pursuant to Section 1.08.017 Kirkland Municipal Code and establishes the effective date as five days after publication of summary.

The full text of this Ordinance will be mailed without charge to any person upon request made to the City Clerk for the City of Kirkland. The Ordinance was passed by the Kirkland City Council at its meeting on the _____ day of _____________________, 2020.

I certify that the foregoing is a summary of Ordinance 4725 approved by the Kirkland City Council for summary publication.

________________________________ Kathi Anderson, City Clerk

Attachment 5