HomeMy WebLinkAbout1996-08-05 Ordinance 4362• •
ORDINANCE NO. 4362
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING CHAPTER 8.10 TO TITLE 8 OF THE PALO ALTO
MUNICIPAL CODE REGARDING TREE PRESERVATION AND
MANAGEMENT REQUIREMENTS
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. The City Council finds as follows:
(a) The City of Palo Alto is endowed and forested by
native oaks and other heritage trees which give the City a unique
visual character and enhance property values~ The vestiges of the
original abundant oak forest, so well adapted to much of this
region, are increasingly threatened after more than a century of
development. Preservation ~~d maintenance of the remaining healthy
native oaks and other heritage trees will retain their great
historic, aesthetic, and environmental value for the benefit of all
resideuta. Preservation of these trees is important for the
following reasons:
{ 1) To protect and conserve the aesthetic and
scenic beauty of the City;
(2) To encourage and assure quality development;
(3) To protect the environment of the City;
{4) To aid in the reduction of air pollution by
protecting the known capacity of trees to produce oxygen and ingest
carbon dioxide;
(5) To help reduce potential d~age from wind;
{6) To provide shade;
{7) To protect property values;
{8} To act as a noise barrier; and
(9) To assist in the absorption of rainwater into
the ground, thereby protecting against potential damages from soil
erosion and flooding, as well as reducing the cost of handling
stor.m water by artificial means.
(b) In order to promote the health, safety, and general
welfare of the residents of the City, while recognizing the
interests of property owners in developing, maintaining, and
enjoying their property, it is necessary to enact regulations for
protection of specified trees on private property within the City.
~ION 2. Chapter 8.10 is hereby added to Title 8 (Trees
and Vegetation) of the Palo Alto Municipal Code to read as follows:
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CIIAPI'D 8. 10
8.10.010 Purpose.
The purpose of this Chapter is to promote the health, safety,
welfare, and quality of life of the residents of the City through
the protection of specified trees located on private property
within the City, and the establishment of standards for removal,
maintenance, and planting of trees. In establishing these
procedures and standards, it is the City's intent to encourage the
preservation of trees.
8.10.020 Def ini tiona.
For the purposes of this Chapter, the following definitions
shall apply;
(a) ~Building Area· means that area of a parcel
(1) upon which 1 under applicable zoning regulations,
a structure may be built without a variance, design enhancement
exception, or home improvement exception, or
(2) necessary for cor~truction of primary access to
st.ructures located on or to be constructed on the pa.rcel, where
there exists no feasible means of access which would avoid
protected trees. On single-faznily residential parcels, the portion
of the parcel deemed to be the Building Area under this paragraph
(a) (2} st~ll not exceed ten (10) feet in width.
{b) "Dangerous~ means an imminent hazard or threat to the
safety of persons or property.
{c) '1)evelopment" means any work upon any property in the
City which requ1res a subdivision, planned community zone,
variance, use permit, building permit, demolition permit, or other
City approval or which involves excavation, landscaping or
constntction within the dripline area of a protected tree.
(d) ·nirector• means the Director of Planning and
Community Environment or his or her designee.
(e) dDiscretionary development approval" means planned
community zone~ subdivision, use permit, variance. home improvement
exception, design enhancement exception, or Architectural Review
Board approval.
(f) i)ripline Area· means the area within X distance from
the trunk of a tree, measured .from the center, where X equals a
distance ten (10) times the diameter of the trunk as measured 4~
feet (54 inches) above natura.l grade.
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(g)
third {1/3)
period.
(h)
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•Excessive pruning" means removal of more than one-
of the foliage of a tree in any twelve (12} month
..Protected treeJ' means:
( 1) Any tree of the species Querc.Js agrifolia
(Coast Live Oak) or Quercus lobata {Valley oak) which is eleven and
one-half (11.5) inches in diameter (36 inches in circumference) or
more when measured four and one-half (4.5) feet (54 inches) above
natural grade, and
(2) A heritage tree designated by the City Council
in accordance with the provisions of this Chapter.
(i) •Remove• means any of the following:
(1) Complete removal, such as cutting to the ground
or extraction, of a tree.
(2) Taking any action foreseeably leading to the
death of a tree or perw.anent daJr~.age to its health; including but
not limited to excessive pruning, cutting, girdling, poisoning,
overwatering, unauthorized relocation or transportation of a tree,
or trenching, excavating, altering the grade, or paving within the
dripline area of a tree.
{j) "Tree" means any woody plant which has a tru11Jc four
inches or more in diameter at four and one-half (4.5) feet above
natural grade level.
{k} .. Tree report" means a report prepared by an arborist
certified by the International Society of Arboriculture or another
nationally recognized tree research, care, and presentation
organization.
(1) ~~Tree Technical Ma.n11al" means the regulations issued
by the City Manager to implement this Chapter.
8.,10.030 Tree Technical Manual.
The City Manager, through the Departments of Public Works and
Planning and Community Environment, shall issue regulations
necessary for implementation of this Chapter, which shall be known
as the Tree Technical Manual. The Tree Technical Manual will be
made readily available to the public and shall include, but need
not be limited to, standards and specifications regarding:
(a} Protection of trees during construction;
(b) Replacement of trees allowed to be removed pursuant
to this Chapter;
(c) Maintenance of protected trees (including but not
limited to pruning, irrigation, and protection from disease);
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(d) The format and content of tree reports required to
be submitted to the City pursuant to this Chapter;
{e) The criteria for determining whether a tree is
dangerous within the meaning of this Chapter.
8.10.040
Trees.
Disclosure of Information Regarding BxietiDg
(a) Any application for discretionary development
approval, or for a building or d~~olition permit where no
discretionary development approval is required, shall be
accompanied by a statement by the property owner or authorized
agent which discloses whether any protected trees exist on the
property which is the subject of the application~ and describing
each such tree, its species, size, dripline area, and location.
This requirement shall be met by including the information on plans
submitted in connection with the application.
(b) In addition, the location of all other trees on the
site and in the adjacent public right of way which are within
thirty (30) feet of the area proposed for development, and trees
located on adjacent property with canopies overhanging the project
sitei shall be shown on the plans, identified by species.
(c) The Directo1: may require submittal of such other
information as is necessary to further the purposes of this Chapter
including but not limited to photographs.
(d) Disclosure of information pursuant to this Section
shall not be required when the development for which the approval
or permit is sought does not involve any change in building
footprint nor any grading or paving.
(e) Knowingly or negligently providing false or
misleading information in response to this disclosure requirement
sh~ll constitute a violation of this Chapter~
8.10 .. 050 Prohibited Acts.
It shall be a violation of this Chapter for anyone to remove
or cause to be removed a protected treel except as allowed in this
Section:
(a) In the absence of development, no protected tree
shall be removed unless determined by the Director, on the basis of
a tree report provided by the applicant and any other relevant
information, that the tree should be removed because it is dead,
dangerous, or constitutes a nuisance under Section 8.04.050(2) of
this Code.
(b) In the case of development on a single family
residential lot, other than in connection with a subdivision,
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(1) No protected tree shall be removed unless it is
located in the Building Area, or the Director deter.mines, on the
basis of a tree report provided by the applicant and any other
relevant information, that the tree should be removed because it is
dead, dangerous, so close to the Building Area that construction
would result in the death of the tree, or constitutes a nuisance
under Section 8.04.050(2} of this Code.
{ 2) If removal is allowed because the tree is
located in the Building Area, or because the Director has
determined that the tree is so close to Building Area that
construction would result in the death of the tree, the tree
removed shall be replaced in accordance with the standards in the
Tree Protection Manual.
{c) In all circumstances other than those described in
paragraphs (a) and (b) of this Section, no protected tree shall be
removed unless one of the following applies:
(1) The Director determines on the basis of a tree
report provided by applicant and any other relevant info~~tion
that the tree should be removed because it is dead, dangerous or
constitutes a nuisance under Section 8.04.050(2). In such cases,
the drip line area o:f the removed tree, or an equivalent area. on
the site, shall be preserved from development of any structure
unless removal would have been permitted under paragraph (2} 1 and
tree replacement in accordance with the standards in the Tree
Technical Manual shall be required.
(2) Removal is permitted as part of project
approval under Chapter 16.48 of this Code: because retention of the
tree would result in reduction of the otherwise-permissible
Building Area by more than twenty-five percent (25\). In such a
case, the approval shall be conditioned upon rep:acement in
accordance with the standards in the Tree Technical Manual.
8.10.060
and 18.
No L~itation of Authority Under Titles 16
Nothing !n this Chapter limits or mor.ifies the existing
authority of the City under Chapter 16.48 of Title 16
(~·chitectural Review) and Title 18 {Zoning Ordinance) to require
trees and other plants not covered by this Chapter to be
identified, retained, protected, and/or planted as conditions of
the approval of development. In the event of conflict between
provisions of this Chapter and conditions of any permit or other
approval granted pursuant to Title 16 or Title 18, the more
protective requirements shall prevail.
8.,10.070 Care of Protected Trees.
{a) All owners of property containing, protected trees
shall follow the maintenance standards in the Tree Technical
Manual.
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(b) The standards for protection of trees during
construction contained in the Tree Technical Manual shall be
followed during any development on property containing protected
trees.
8.10.080 Devel~t Conditions~
(a) Discretionary development approvals for property
containing protected trees will include appropriate conditions
providing for the protection of such trees during construction and
for maintenance of the trees thereafter.
(b) It shall be a violation of this Chapter for any
property owner or agent of the owner to fail to comply with any
development approval condition concerning preservation, protection,
and maintenance of any tree, including but not limited to protected
trees,
8.10 .. 090 Designation of Heritage Trees.
(a) Upon nomination by any person and with the written
consent of the property owner(s), the City Council may designate a
tree or trees as a heritage tree.
(b} A tree may be designated as a heritage tree upon a
finding that it is unique and of importance to the community due to
any of the following factors:
(1) It is an outstanding specimen of a desirable
species;
{2) It is one of the largest or oldest trees in
Palo Alto;
(3) It possesses distinctive form, size, age,
location, and/or historical significance.
(c} After City Council approval of a heritage tree
designation, the City Clerk shall notify the property owner(s} in
writing. A listing of trees so designated, including the specific
locations thereof, shall be kept by the Departments of Public Works
and Planning and Community Environment.
(d) Once designated, a heritage tree shall be subject to
the provisions of this Chapter unless removed from the list of
heritage trees by action of the City Council. The City Council may
remove a tree from the list upon its own motion or upon request.
Request for such action may originate in the same manner as
nomination for heritage tree designation.
8.10.100 Respons~ility for Enforcement.
The following designated employee positions may enforce the
provisions of this Chapter by the issuance of citations~ chief
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building official, "'.9sistant building official, code enforcement
officer, planning ar.. :·'ist.
8.10.110 BDforca.ent, Penalties.
In addition to all other remedies set forth in this Code or
otherwise provided by law, the following remedies shall be
available to the City for violation of this Chapter:
(a) Stop work; temporary moratorium.
(1) If a violation occurs during development, the
City may issue a stop work order suspending and prohibiting further
activity on the property pursuant to the grading, demolition,
and/or building per.mitfs} (including construction, inspection, and
issuance of certificates of occupancy) until a mitigation plan has
been filed with and approved by the Director, agreed to in writing
by the property O\lr'11er (s), and either implemented or guaranteed by
the posting of adequate security. The mitigation plan shall
include measures for protection of any remaining i.:rees on the
property, and sl"..all provide for replacement of each tree removed on
the property or at locations 3pproved by the Director of Planning
and Community Environment and by the Director of Public Works, if
replacement is to occur on public property. The replacement ratio
shall be in accordance with the standards set forth in the Tree
Technical Manual, and shall be at a greater ratio than that
required where tree removal is :r,ermitted pursua:.'"'lt to the provisions
of this Chapter.
(2) If a violation occurs in the absence of
development, or while an application for a building permit or
discretionary development approval for the lot upon which the tree
is located is pending, the Director may issue a temporary
moratorium on development of the subject property, not to exceed
eighteen months fran the date the violation occurred. The purpose
of the moratorium is to provide the City an opportunity to study
and deter.mine appropriate mitigation measures for the tree removal,
and to ensure measures are incorporated into any future development
approvals for the property. Mitigation measures a.s determined by
the Director shall be imposed as a condition of any subsequent
permits for development on the subject property.
(b) Civil penalties.
(1) As part of a civil action brought by the City,
a court may assess against any person who commits, allows, or
maintains a violation of any provision of this Chapter a civil
penalty in an amount not to exceed $5000 per violation.
{2) Where the violation has resulted in removal of
a tree, the civil penalty shall be in an amount not to exceed $5000
per tree unlawfully removed, or the replacement value of each such
tree, whichever amow~t is higher. Such amount shall be payable to
City. Replacement value for the purposes of this section shall be
determined utilizing the most recent edition of the Guide for Plant
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9608071ac 008025 s
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Appraisal, published by the Council of Tree and landscape
Appraisers.
(c) Injunctive relief.
to abate, enjoin, or otherwise
violation.
A civil action may be commenced
compel the cessation of such
(d) Costs. In any civil action brought pursuant to this
Chapter in which the City prevails, the court shall award to the
City all costs of investigation and preparation for trial, the
costs of trial, reasonable expenses including overhead and
administrative costs incurred in prosecuting the action, and
reasonable attorney fees.
8.10.120 Pees.
Tree reports required to be submitted to the City for review
and evaluation pursuant to this Chapter shall be acccmpanied by the
fee prescribed therefor in the municipal fee schedule.
8.10.130 Severability.
If any provision of this Chapte:r.· or the application thereof to
any person or circumstance is held to be invalid by a court of
competent jurisdiction, such invaility shall not affect any other
provision of this Chapter which can be given effect without the
invalid provision or application, and to this end the prcr-..d.sions of
this Chapter are declared to be severable.
SECTION 3. The provisions of Section 8.10.040 and Section
B.lO.OSO(b} and (c) shall not apply to any development for which a
complete application for a building permit, demolition permit, or
discretionary development approval is on file in the Department of
Planning and Community Envirorunent as of December 31: 1996.
SECTION ~~ The City Council finds that this project is
exempt from the provisions of the Environmental Qt:..ality Act {"CEQA")
because it can be seen with certainty that there is no possibility
that thi;.; project will have a significant effect on the
environment.
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960807 * 00802S.5
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SECTION 5. This ordinance ehall becane effective upon the
commencement of the thirty-first day after the date of its
adoption, or January 1, 1997, whichever date is later.
INTRODUCED: July 15, 1996
PASSED: August 5 , 1996
AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOw"N, SIMITIAN, WHEELER
NOES: ROSENBAUM
ABSENT: SCHNEIDER
ABSTENTIONS:
nus DOCUMENT IS CERT1FIED TO BE AN
OROtNANCE DUlY PASSED BY TH£ COUNCI. \...
OF 1'HE C1TY OF PAlO ALTO AND '
THERE A•· iER f'OS!EiJJ'{lfUNCll. iwmtiN ,,
CHAMBERS ON --- -
OAYS Of 'TS PASSA ~
.. 1 certify (or aeclsr~) unct:er '*'*'
ot periet'Y that tt•C tor~ is trU
~fA
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