MAC Meeting: Council Considers Tree Policies

Does the county have a right to tell landowners what they can do with trees located on their private property? The Alameda County Development Agency shared possible plans for managing trees on private property in the unincorporated area at Monday night’s Castro Valley Municipal Advisory Council (MAC) meeting.

Currently, there is no countywide ordinance regarding trees in the unincorporated area. In Fairview only, some rules protect homeowners’ rights to protect their views or access to sunlight. 

Rules also apply to any tree in the county’s right-of-way, which requires property owners to maintain/ prune trees adjacent to the right-of-way. 

The county is considering a more extensive ordinance and has looked at ordinances already established in Contra Costa and Santa Clara counties, among other municipalities, for guidelines.

Other cities protect trees above a certain height or circumference, certain species, or “heritage” trees in specific locations.

Some trees would require replacement if a property owner sought to remove one, and others would not be able to be removed as a condition of project approval. Others could be removed on a conditional basis for public safety. Other cities also have language that requires a certain number of new trees to be planted as part of new developments and to preserve views for neighboring properties. 

Some public speakers objected to such ordinances on the grounds of government overreach, saying they should be able to do whatever they want with trees they own. Still, most people simply said they wanted more trees in general. 

Trees provide shade and areas with heavy tree canopies appear more well-established and successful, said speaker Bruce King. The aesthetics will benefit the community at large. 

“I’d love to see more trees,” said MAC Vice Chair Chuck Moore. 

MAC member Tojo Thomas brought up concerns about possible fire hazards, saying community members are having issues getting or staying insured. 

Any ordinance drafted by the county will eventually be brought back before the MAC before possible adoption by the Board of Supervisors. 

MAC Chair Bill Mulgrew urged county staff to be measured in their approach. 

“I’m a tree guy, but I’m also a believer in property rights,” said Mulgrew. He encouraged an ordinance where property owners would still be able to do what they want with their trees but perhaps be encouraged or incentivized to keep the tree in most cases. 

Also, at Monday’s meeting, the MAC unanimously approved an application to allow the construction of a 567-square-foot addition to an existing 1,956-square-foot single-family home at 4168 High Ridge Place.