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• <br /> Finding: R- 7.280- E.7.2.1 & 7.2.2 define "critical root zone" which is a term used <br /> in determining the required area around the tree to be protected from construction <br /> activities. The 3" caliper is the point at which the basis of determination changes from a <br /> protective area of a three foot radius for smaller trees to a formula based measurement to <br /> provide larger protective areas for larger trees. <br /> Trees of many sizes may have need for protection on a development. 1 -1/2" and <br /> 2" caliper trees in the planting program are minimums required and may be exceeded if <br /> the developer so elects. In addition, existing trees of varying sizes may be preserved. No <br /> correlation to the other tree caliper citations included in the planting specifications in these <br /> administrative rules was intended nor deemed to be necessary, nor is any revision to the <br /> rule necessary. <br /> Comment 11: The orange fencing required by R- 7.280- E.7.5.2 is extremely ugly, <br /> and the word "orange" should be removed. <br /> Finding: The purpose of the required fencing is to place a highly visible physical • <br /> protective device in place to ensure no construction impacts to the area being protected. <br /> The standard orange protective fencing is specifically designed for this purpose and has <br /> been shown to be effective. However, R-7.280-E.7.5.2 also contains the statement "or <br /> approved equivalent" which would provide an applicant a process to obtain approval for <br /> a substitution. A request for alternative fencing would be evaluated by the Urban Forester <br /> and if shown effective could be allowed in place of the specified "orange" fencing. For <br /> example, more physically substantial but less visible fencing material such as woven wire <br /> or chain link may be approved, as an alternate if site conditions warranted. <br /> Comment 12: The tree pruning standards in R-7.280-G.3.7 are vague, unclear, and <br /> do not make sense. <br /> Finding: I concur in part with this comment, and R- 7.280 -G.3.7 has been revised <br /> to clarify the intent. <br /> Comment 13: Although not addressing a specific rule, one party commented that <br /> it is hard to imagine that the City will be in a position to hire employees to carry out the <br /> Local Street Plan due to the unforeseen effects that Measure 47 is expected to have on our <br /> community. <br /> Finding: The provisions relating to trees in the Local Street Plan and the City's <br /> Street Tree Program are funded through the Road Fund which is not dependent on ro <br /> P PertY <br /> tax revenues which are expected to be impacted by Measure 47. Staffing for this program <br /> is intended to be funded through fees the program generates. <br /> Comment 14: The rules are vague in several areas that leave too much room for <br /> interpretation, thus resulting in added delays in processing time for building permits. <br /> Finding: Section 7.280(3) of the Eugene Code, 1971 requires a developer to obtain <br /> approval of a Street Tree Plan prior to receiving approval of a final plat. Since approval <br /> Street Tree Plan Agreement - City Plants Alternate - 9 of 25 9 9 - 0 0 4 0 5 <br />