HomeMy WebLinkAbout1998-12-14 City Council (31)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL ’ "1 2
CITY NANAGER DEPARTNENT: PLANNING ~
COMMUNITY ENVIRONMENT
DATE:DECEMBER 14, 1998 CMR:465
SI~JECT:REQUEST TO EXTEND THE EXISTING URGENCY ORDINANCE
PROTECTION OF SPECIFIED OAK AND HERITAGE TREES WITH
TRUNKS OUTSIDE THE BUILDING AREAON AN URGENCY BASIS
THROUGH JULY 31, 1999
RECOMMENDATION
Staff recommends that the Council extend the existing Urgency Ordinance (see Attachment
A) to insure the protection of specified protected oak and heritage trees, the trunks of which
are outside the allowable ’building footprint,’ imposing penalties for violation, and declaring
the urgency thereof, to take effect immediately and expire July 31, 1999.
BACKGROUND
The codified Tree Preservation and Management Regulations, Palo Alto Municipal Code
Chapter 8.10 (see Attachment C) are intended to protect both heritage trees and oaks of
certain species and sizes. The ordinance does not adequately protect these trees when they
(i.e. trtmks, limbs, roots, etc.) overhang the allowable building area of a parcel of land but
originate outside that area. Therefore, on February 2, 1998 the Council adopted Urgency
Ordinance No. 4478 (see Attachment B) to provide this protection.
The particular case that was the impetus for the adoption of the urgency ordinance was the
possible removal of a significant heritage tree located at 450 Sequoia Avenue. Development
plans for that property were modified to protect the tree and the result was the construction
of a single family residence and the preservation of a significant natural resource. During
the ten-month period that Urgency Ordinance No. 4478 has been in effect, a number of
de~;elopment plans have been modified/presented in response to its requirements and a
number of significant trees have been preserved.
DISCUSSION
The ordinance expires on December 31, 1998. Extension of the urgency ordinance will
provide continuing protection ofPalo Alto’s oaks and heritage trees and allow staff adequate
time to include the provisions of the urgency ordinance into Chapter 8.10. The work to
CMR:465:98 Page 1 of 3
amend Chapter has not yet been completed because ot, o,,~r~-i - ~,-- ~ ,~- ..... z.~.: ......
the time.needed to prepare the necessary amendment to ~th.e
Tree Preservation and Management R~gulations,~ ~,-.~ _-,..’~’ _-.~ ~ .7..’.’.:.-." ,7,..,"- -’~,’~-
Staff is requesting to extend the Urgency Ordinance an additional seven months. This will
allow sufficient time to include these provisions into Ordinance 4362, the Tree Preservation
and Management Regulations. Staff will prepare the permanent revisions and schedule
consideration of the changes for the Planning Commission in March 1999 and subsequent
City Council consideration in May 1999.
Findings for the 1999 Urgency Ordinance parallel that of the 1998 Ordinance adopted by
Council. The extension proposal before the Council acknowledges that Chapter 8.10 does
not adequately protect heritage trees that overhang the allowable building area of a lot. The
chapter not only permits removal of trees within the footprint of a building; it permits
removal of trees outside the footprint, whether by impacts due to building activities or
inadvertent destruction of trees outside the footprint through damage to roots and limbs.
Protecting the trees while allowing for remodeling, expansion or replacement of structures
and expansion of structures requires consideration of the three-dimensional aspects of a tree
trunk, canopy and roots.
Several protected oaks are vulnerable to newdevelopment. As an example, within four city
blocks south of Forest Avenue (see Canopy: Trees for Palo Alto, 1998 Oakwell Survey,
Attachment D), there are approximately 60 protected Oaks ranging in size from 11 to 36
inches in diameter and three grand specimens that are 4 to 5 feet in diameter.
RESOURCE IMPACT
There are no resource impacts expected by the extension of the Urgency Ordinance.
POLICY IMPLICATIONS
The recommended action is consistent with existing City policy.
TIMELINE
After adoption, the proposed ordinance extension would go into effect immediately and
expire July 31, 1999. Staff will prepare the permanent revisions of Ordinance 4362, the Tree
Preservation and Management Regulations, and schedule consideration of the changes for
the Planning Commission in March 1999 and subsequent City Council consideration in May
1999 and adoption in July 1999.
ENVIRONMENTAL REVIEW
The proposed urgency ordinance is minor enough to be exempt from provisions of the
California Environmental Quality Act (CEQA), Section 15061 (b)(3) because it can be seen
with certainty that there is no possibility that this ordinance will have a significant effect on
CMR:465:98 Page 2 of 3
the environment, and because this ordinance falls within the emergency project exception to
CEQA set forth in Section 1528 of the CEQA Guidelines.
ATTACHMENTS
Attachment A:1999 Draft Urgency Ordinance
Attachment B:1998 Urgency Ordinance No. 4478
Attachment C:Tree Preservation Ordinance, PAMC 8.10
Attachment D:Canopy: Trees for Palo Alto, 1998 Oakwell Survey
PREPARED BY:Dave Dockter, Planning Arborist
Eric Riel, Chief Planning Official
DEPARTMENT HEAD REVIEW: ~~~0~
G. EDWARD GAWF 1~
Director of Planning and Community Environmem
CITY MANAGER APPROVAL:
EMILY t-~ARRISON
Assistant City Manager
CMR:465:98 Page 3 of 3
Attachment A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
EXTENDING THE OPERATION OF URGENCY ORDINANCE NO.
4478, "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO PROHIBITING THE REMOVAL OF SPECIFIED
PROTECTED OAK TREES, IMPOSING PENALTIES FOR SUCH
REMOVAL, AND DECLARING THE URGENCY THEREOF, TO
TAKE EFFECT IMMEDIATELY," THROUGH JULY 31, 1999
AND DECLARING THE URGENCY OF THE EXTENSION, TO
TAKE EFFECT IMMEDIATELY
The City Council of the City of Palo Alto does ordain as
follows:
~. Findings. The Council finds and declares,
based upon written and oral testimony presented and considered on
December 14, 1998:
A. Preservation of native oak trees is important to the
City of Palo Alto for many reasons, including but not limited to
conservation of the aesthetic and scenic beauty and heritage of the
City, and furtherance of the public health and safety by aiding in
the reduction of air pollution, provision of shade, and absorption
of rainwater.
B. In 1996, the City Council enacted Ordinance No. 4362,
effective January i, 1997, in order to protect specified native oak
trees from remova!, except in certain circtunstances.
C. In February of 1997, the City Council enacted Urgency
Ordinance No. 4478 upon discovering that Ordinance No. 4362, as
adopted, failed to adequately protect certain trees which had
trunks located outside-the building area but substantial branching
or root penetration, or both, in the building area. While the
tree at 450 Sequoia which brought the deficiency in the ordinance
to light has been protected by the owners of the property, in
compliance with the City’s requests, a significant number of trees
are at risk.
D. In recent years there has been substantial demolition
and redevelopment, as well as in-fill development, in the City of
Palo Alto. This type of development occurs on properties with
large oaks and other protected trees, and it jeopirdizes their
survival. If they are not protected, both during construction and
by appropriate design of replacement structures, the City wil! lose
irreplaceable assets.
1981208 vcsf0090065
E. If Ordinance No. 4478 is not extended, currently
protected oaks wil! be at risk because of new development. During
the time that Ordinance No. 44778 has been in effect, a number of
new developments have been designed in a manner that permitted new
construction while saving protected trees.
F. It is necessary for the preservation of the public
health and safety to enact as an emergency measure an ordinance
continuing temporary restrictions on the removal of specified oak
trees in order to maintainthe status quo while the study and
review of permanent amendments is completed. The reason for the
urgency is that Palo Alto Municipal Code Chapter 8.10, would permit
removal of so-called ~protected trees," even if they are outside
the allowable building footprint. As a result, certain protected
trees could be removed unless urgency action is taken.
~. Section 6 of Urgency Ordinance No. 4478,
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO PROHIBITING THE
REMOVAL OF SPECIFIED PROTECTED OAK TREES, IMPOSING PENALTIES FOR
SUCH REMOVAL, AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT
IMMEDIATELY," adopted by the Council on February 2, 1998, is hereby
amended to read as follows:
SECTIQN 6.Effective Date. Ordinance
4478 shall cease to have force and effect on
July 31, 1999.
.SECTION 3. Effective D~te.
effective immediately upon adoption.
This ordinance shall be
SECTIQN 4. The Council finds that this project is exempt
from the provisions of the Environmental Quality Act (~CEQA")
because it can be seen with certainty that there is no possibility
that this project will have a significant effect on the
environment, and because this ordinance falls within the emergency
project exception to CEQA set forth in Section 15268 of the CEQA
Guidelines.
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981208 vafO090065
This ordinance was introduced at a regular meeting of the
Council of the City of Palo Alto on Monday, December 14, 1999, and
was passed by a four-fifths vote of all Council members present at
the meeting as fol!ows:
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Planning and
Community Environment
3981208 wsfO090065
Attachment B
ORDINANCE NO. 4478
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO A~TO
PROHIBITING THE REMOVAL OF. SPECIFIED PROTECTED OAK
TREES, IMPOSING PENALTIES FOR SUCH REMOVAL, AND
DECLA.~ING THE URGENCY THEREOF, TO TAKE EFFECT
IMiMEDIATELY
The City Council of the City of Palo Alto does ordain as
follows:
SECTION I. Findings. The Council finds and declares,
based upon. written and oral testimony presented and considered~on
February 2, 1998:
A. Preservation of native oak trees is important to the
City of Palo Alto for many reasons, including but not limited to
conservation of the aesthetic and scenic beauty and heritage of the
City, and furtherance of the public health and safety by aiding in
the reduction of air pollution, provision of shade, and absorption
of rainwater, ~mong other things.
B. in 1996, the City Council enacted Ordinance No. 4362,
effective January I, 1997, in order to protect specified native oak
trees from remova!, except in certain circumstances.
C~ The new property owner of the parcel located at 45’0
Sequoia Avenue could remove a Valley Oak tree on the property.
This Valley Oak is one of the largest and finest native oak trees
in Pa!o Alto. The potentia! remova! is in anticipation of the
demolition and reconstruction of the s~n=Te_.._ family residence
Tn___ are numerous deve~oo~=~t alternativescurrently on the !or " =~=
which could pe_~mit both reconstruction of the single f~.ily
residence and Drese_~-vation of the Valley Oak. The trunk of the
Va!!ev Oak sit= outside the allowable bui!dinz footpri~ on -~-
p~rcei.
-- == ~=-====-y for the preser~’azien cf the pu~’--
health and to =~=~- as an e:~=,~enc2 .,===,are an ordinance
inposin~ temporary restrictions on the removal of sp=.-~e~=~
-_eeoc- . in order to ~aintain the _._~=~u=_ whi~__= -~-~,:- ~=s:,= ~= bein:_
studied. The reason fo~ the urgency is that the.current
Protection Ordinance, Pa!o Alto M~znicipai Code Chapter 5.i0,
permit removal o= so-c=~]=4 "protected trees, even- if they are
cu-side the ai~ ¯ -~- "!dins int .,_ow=m_: bul _ footsr . As a result certain
~rotected trees could ’.- ~= ....=~ un!es ur[m= ......._-s encv action ~= taken.
SECTION 2.==.D_=initions A!l te_~ms in this ordinance sha!
the definition provided, in S__t=- ion 8.10.020 of the Palo
Mu::icip.:.i Code unless exmress!y provide~ otherwise.
SECTION 3. Removal of Oak Trees Prohibited. No person
shall remove or cause the removal of a protected tree unless the
trunk of the protected tree is within the building footprint (with
the term "footprint" defined as provided in PAMC § 18.04.030
(a) (57.5)), unless the Director o£ Planning and Community
Environment has determined, on the basis of a report.prepared on
behalf of the requesting party by a certified arborist and any
other relevant ~nformation, that the tree should be removed because
it is dead, dangerous, or constitutes a nuisance under Section
8.04.050(2) of the Palo AltoMunicipal Code.
SECTION 4. Appeals. Any person requesting approval to
remove a protected oak tree pursuant to Section 3 of this ordinance
who is aggrieved by a decision of th~ Director may appeal such
decision in accordance with the procedures set forth in Section
16.48.090 of Chapter i6.48 of the Municipal Code.
SECTION 5. ~Enforcement; Remedies for Violation.
(a) In addition to all other remedies otherwise provided
by law, the following remedies shall be available to the City for
violation of this ordinance:
(!)Stop work; temporary moratorium.
If a violation occurs during development, the
City ~._=y issue a stop work order suspending and prohibiting further
activity, on the property pursuant. _ to the grading, demo!itio.i.,
and/or building permit(s) (including construction, inspection, and
issuance of certificates of occupancy) unti! a mitigation plan has
been filed with and approved by the Director, agreed to in writing
by the property owner(s), and either implemented or guaranteed by
the Dostin_c of adequate security. The mitigation plan shal!
~nc!ude measures for protection of any r=m=~.~..-z trees on the
property, and sh=] ..... ~ provide for ~--~=~_=_,~_~.~--=-=~- of. ==-:-__~.. tree r~moved on
the property or at locations amDro-:ed by the Director of
=,; c ......-’E.-..viror_~..ent ---" _. ¯............... t}°=.~_ "~.~o the Director o-- ~"-= ~.c Works,
reciace.-...e.-.-_ is to occur c.n _Lli~
!f a violation occurs :-:he absence cf
devel~..~=.._,or "’- -’ ~ -- -’a _DeZqT.! t cr-_% .....--_ =~. aDD!!catior, for ~."~ ~ ~-’
;==--=:iona~c.~=-.=z~--~~_~__~_... a~mroval_, for ~=. ....~-._ u=:=n which the tree
moratorium on ..... op ......~ of the oct property, not to exceed
eich_==.. ~..anch~ fro.-.. -" - date ’ -.~ - ~ ...._~n=the v- = on cccurref,mh= purpoEe
o ~[,: mDracoriun ~ = to provide tha C~ tv an to-stud’.
ant c= ...... :n= appropria<e ~’~-~-=ticn measures for the tree removal
and to ensure measures are inco~orated into any future development
approvals for the property. Mitigation measures as dete~ined by
the Director shall be imposed as a condition of any subsequent
permits for development on the subject property.
(2)Civil penalties.
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 Ordinance a civil
penalty in an amount not.to exceed~$5000 per violation.
Where the violationhas resulted in removal of a
tree, the civi! penalty shall be in an amount not to exceed $5000
per tree unlawfully removed, or the replacement value of each such
tree, whichever amount is higher. Such amount shall be payablelto
City. .Replacement value for the purposes of this section shall be
determined utilizing the most recent edition of the Guide for Plant
Appraisal, published by the Counci! of Tree and Landscape
~Appraisers.
(3) Injunctive relief. A civil action may be
commenced to abate, enjoin, or otherwise compe! the cessation of-
such violation.
(4) Costs. In any civil action brought pursuant to
this Ordinance in which the City prevails, the court shall award to
the City all costs of investigation and preparation for tria!, the
costs of tria!, reasonable exq3. enses including overhead and
administrative costs incurred in prosecuting the action, and
reasonable attorney fees.
(b) The following designated employees may enforce the
provisions of this Chapter: Chief Building Officia!, Assistant
Building Officia!, Code Enforcement Officer, V!annin= Arborist.
SECTIO:[ 6. Effective Date. This ordinance shall be
=~=-tive ~-=;~=-=~v upon adoption and shall ~e=== to h~ve force.
and ==~=-~ on Dece~h.er ~i, 19~, unless ext= "-" bv action of the
.......cE~:n’7 7 The Coun=i! finds that -" ’~n~s 5roJecn is exemZ-
from the provisions o= the Enviro.-.._mentai Q:~=< : .-.v .’-.c~
-’--- t~ = .:,rc3 ect wi!~ have - sicni÷: ~=-- =.=.--=-t on --:
enviro.-_T.ent, --; be-=.‘=-- t~,= c~;~=~-= falls "-:-’-{~- -~--
-rcjec: e:<ce:,tion tc CEQA se: forth in Se:[icn L_=2££ of the
Guidelines.
This ordinance w~s_..~troduced at a r=z.,!a-___ _ meeting of
Counci! of the City of Palo Alto on Monday, February 2 !99S
,was passed by a four-fifths vote of all Council members present at
the meeting as follows:
INTRODUCED AND PASSED: " Februa~ry 2, 1998
AYES:
NOES:
EAKIN&, FAZZIN0, HUBER, KNISS, MOSSAR, OJAKIAN, ROSENBAUM, SCHNEIDER,
WHEELER
ABSTENTIONS :
ABSENT :
ATT~~
APPROVED :
~ayor
Director of Planning and
Con~muni t y Environment
Attachment C ~
ORDINANCE NO. 4362
ORDINANCE OF THE COUNCIL OF THECITY OF PALO ALTO
ADDING CHAPTER 8.10.TO TITLE 8 OF THE PALO ALTO
MUNICIPAL CODE REGAPdDING TREE PRESERVATION AND
MANAGEMENT REQUIREMENTS
The Counci! of the City of Palo Alto does .0RD~IN :¯aS
follows:
SECTION i. 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
origina! abundant oak.forest, so well adapted to much of this
region, are increasingly threatened after more than a centuryof
development. Preservation and maintenance of the remaining healthy
native oaks and other heritage trees wil! retain ~their great
historic, aesthetic., and environmental value for the benefit of al!
residents. Preservation of ~these trees is important for the
fol!owing reasons:
(i) 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 pollutionby
protecting the known capacity of trees to produce oxygen and ingest
carbon dioxide;
(5)To help reduce potential damage from~ wind;
(6)To provide shade ;
(7)To protect property values;
(8)To act as a noq_s=_ _____~_h=.~q=~., and
To assist in the absorption cf rainwater in~=
the ~ ~d ~h=~="."__g_o ....u .....Dy protecting a~a!nst DotenEia! d~.a~es from soil
erosion and f!ooding, as wel! as reducing the cost of hand!in~
storm water by artificia! means.
(b) in order to promotethe 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.
SECTION 2. Chapter 8.10 is hereby added to Title 8 (Trees
and Vegetation) of the Palo Alto Municipal Code to read as follows:
960g07 |ac 00g0255
CHAPTER 8. i0
TREE PRESERVATION AND MANAGEMENT REGULATIONS
8.10.010 Purpose..
’
The purpose of this Chapter is to promote the health, safety,
welfare, and ~uality 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 remova!,
maintgnance, and planting of trees. In establishing these
procedures and standards, it is the City’s intent to encourage ~he
preservation of trees.
8.10.020 Definitions.
For the purposes of this Chapter, the following definitions
shal! apply: ~ -~
(a)"Building Area" means that area of a parcel
(!) upon which, under applicable zoning regulations,
a structure may be built without a variance, design enhancement
exception, or home improvement exception, or
(2) necessa_~y_ for construction of primary access to
structures¯ located on or to be constructed on the parce!, where
there exists no feasible means of access which would avoid
protected trees. On single-family residentia! parcels, the pot%ion
of the parce! deemed to be the Building Area under this paragraph
(a) (2) shal! not exceed ten (i0) feet in width.
(b) "Dangerous" means an imminent hazard or threat to the
safety of persons or property. ~
(c) "Deve!oDm_nt. = " means any work upon any property_ in the
City which reouires a subdivision, planned con%munity zone,
variance, use pe_~r~Lit, building pe_~mit, demolition pe_~-mit, or other
City approva! or which involves excavation, !andsc[ping. or
construction within the drim!ine area of a protected tree.
(d) "Director" means the Director of Planning
Co~unitv =~v~=~~her d==~g~==.. ~ .......~ .....or .....or
(e) "Discretionary deve!omment approva!" means m!aniei
comcnunity zone, subdivision, use permit, variance, home improvemenn
exception, design enhancement exception, or Architectural Review
Board approval.
(f) "Dripline Area" means the area within X distance from
the trunk of a tree, measured from the center, where X equals a
distance ten (i0) times the diameter of the trunk as measured 4~
feet (54 inches) above natural grade.
960807 lae 00S0255
2
(g) "Excessive pruning" means removal of more than one-
third (1/3) of .the foliage of a tree in any twelve° (12) month
period.
(h)"Protected tree" means:
(i) Any tree ~of the species Quercus agrifol~a
(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 Couneil
in accordance with the provisions of this Chapter.
(i)"Remove" means any of t~e following:
(i) Complete removal, .such as cqtting~ to the ground
or extraction, of a tree. ~
(2) Taking any action foreseeabiy leading io the
death of a tree or permanent damage to its hgalth, including but
not limited to excessive pruning, cutting, g~rdling, poisoning,
overwatering, unauthorized relocation or transportation of a tree,
or trenching, excavating, altering the grade, or paving within the
drip!ine area of a tree.
(j) "Tree"means any woody plant which has a trunk four
inches or more in diameter at four and one-half (4.5) feet above
natura! grade leve!.
(k) "Tree report" means a report prepared by an arborist
certified by the Internationa! Society of Arboriculture or another
nationally recognized tree research, care, and preservation
organization.
(!) "Tree Technical ~nua!" means the regulations issued
by the City Manager to implement this Chapter.
8.10.030 Tree Tecb=nica! ~anua!.
~h-- City .~n=-ger, throuen the Deparnments e- Pub!mc Works
D~ a~.~-~ ng --; Cock, unity =~v~ ~c~=~ shall ~ ==~= ~=~h ~4
~.~..~c=_ M=nu=m ~h= ~== ~echnica! Manua! W477
ma~= ~==dq]v av=~]ab]= to the public and sh=]~ include but nee£
not be limited to, standards and specifications regarding:
Ca)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);
(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 Disclosure of Information Re~arding Existin~Trees.
(a)Any application for discretionary development
approyal, or for a building or demolition permit where no
discretionary deve!opment approva! 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 !ocation.
This requirement shall be met by including the information onplans
submitted ~n connection with the application. ~
(b) In addition, the location of ~i! other trees on the
site and in the adjacent public right of way which are within
thirty (30) feet of the area propesed for deve!opment, and trees
!ocated on adjacent property with canopies overhanging the project
site, shall be shown" on the plans, identified by species.
(c) The Director 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
shal! 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
shall constitute a violation of this Chapter.
8.10.050 Prohibited Acts.
~_o_=~_o._ of this Chapter ÷~- anyone to remove
or cause to be ~=~ --=~__:.o~__ a protected tree, exceDz == allowed in this
Section:
(a) in the absence of deve!opment, no protected t~ee
shal! 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,
960S07 lac 00g0255
(!) No protected tree shall be removed unless it is
!ocated in the Building Area, or the Director determines, 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 c!ose 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 ~he
Tree Protection Manua!.
(c) In all circumstances other than those describedin
paragraphs (a) and (b) of this Section, no protected tree shall be
removed unless one of the following applies:
(i) The Director determines on the basis of a tree
report provided by 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). In such cases,
the drip line area of the removed tree, or an equivalent area on
the site, shal! be preserved from deve!opment of any structure
unless remova! would have been permitted under paragraph (2), and
tree replacement in accordance with the standards in the Tree
Technica! Manua! shal! be required.
(2) Removal is permitted as part of project
approva! under Chapter i6.~8 of this Code, because retention of ~he
tree would result in~ reduction of the otherwise-permissible
Building Area by more than twenty-five percent (25%). In such a
case, the approva! shall be conditioned upon replacement in
accordance with the standards in the~Tree Technica! Manual.
8.10.060 No Limitation of Authority Under Titles 16
and !8.
Nothing in this Chapter limits or modifies the ~xis~ing
~ _16.42 ~authority of the C_uy under Chapter of Title ~
(Architectural Review) and Title !S (Zoning Ordinance) to re~-uire
trees and other plants not covered by this Chapter to ~e
identified, retained, protected, and/or piante£ as conditions ~=
the approva! of development, in the event of conflict betw@en
provisions of this Chapter and conditions of any permit or Other
approva! granted pursuant to Title 16 or Title !~, the more
protective requirements shal! prevail.
8.10.070 Care of Protected Trees.
(a) All owners of property containin~ protected trees
shal! fol!ow the maintenance standards in the Tree Technica!
Manua!.
960~07 F.,c 00S0255
(b) The standards for protection of trees during
construction contained in the Tree Technica! Manual shall be
followed during any deve!opment on property containing protected
trees.
8.10.080 Development Conditions.
,
(a)Discretionary deve!opment approvals for property
containing protected trees wil! 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
deve!opment approva! 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 Counci! 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 co~unity due to
any of the fol!owing factors:
(i)
species;
(2)
Palo A!to ;
It is an outstanding specimen of a desirable
It is one of the largest or oldest trees in
(3) ~It possesses distinctive form.,, size,
location, and/or historical significance. -
age,
(c) After City Council approval of a heritage tree
"=~ ~= ~ ,the --~:-e_s_g~._t_on City Clerk shall notify the property o-~rn=~(s)
writing. A listing of trees so designated, including the’spec!fic
!ocations thereof, shall be kept by the Departments of Public
and D~=~ and Co~nitv Enviro~.ent.
(d) Once designated, a heritage tree shall be subjecn nc
the provisions of this Chapter unless removed from the list of
heritage trees by action of the City Counci!. The City Counci! ~ay
remove a tree from the list upon its own motion or upon re_quesn.
Request for such action may originate in the same manner as
nomination for heritage tree designation.
8.!0.i00 Responsibility for Enforcement.
The following designated employee positions may enforce the
provisions of this Chapter by the issuance of citations: chief
960807 la~ 0080255
6
building official, assistant building official, code enforcement
officer, planning arborist.
8.10.110 Enforcement; Penalties.
In addition to all other remedies set forth in this Code or
otherwise provided by law, .the fol!owing remedies sha~’l be
available to the City for violation of this Chapter:
(a)Stop work; temporary moratorium.
(i) If a violation occurs during development, the
City m~ issue a stop work order suspending and prohibiting further
activity on the property pursuant to the grading, demolition,
and/or building permit(s) (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 owner(s), and either implemented or guaranteed by
the posting of adequate security. The mitigation~ plan shal!
include measures for protection of-any remaining trees on the
property, aid shal! provide for replacement of each tree removed on
the property or at !ocations approved by the Director of PlanniDg
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 theTree
Technica! Manua!, and shal! be at a greater ratio than that
re’quired where, tree removal is permitted pursuant to the provision~
~ of this Chapter..
(2) If a violation occurs in the absence of
development, or while an application for a building permit "or
discretion~ ~evelopment approval for the !ot upon which the tree
is !ocated is pending, the Director may issue a temporary
moratorium on development of the subject property, not to exceed
eighteen months from the date the violation occurred. The purpose
of the moratorium is to provide the City an opportunity to stud}~
and determine appropriate mitigation measures for the tree remova!,
and to ensure measures are incorp_orated into any future deve!opment
approvals for the property. Mitigation measures as determined by
the Director shall be imposed as a condition of any subsequen~
De_~mits for development on the subject property.
(b)Civil
(i) ~= pmrn of a cmvm! action brought by the
a court may assess a~ainst 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) ~nere the violation has resulted in removal of
a tree, the civil penalty shall be in an ~mount not to exceed $5000
per tree unlawfully removed, or the replacement value.of each such
tree, whichever amount is higher. Such amount shall be payable to
City. Replacement value for the purposes of this section shal! be
determined utilizing the most recent edition of the Guide for Plant
Appraisal, published by the Council of Tree and Landscape
Appraisers.
(c)~ Injunctive relief. A civil action may be commenced~
to abate, enjoin, or otherwise compel the cessation, of such
violation.
(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 overheadand
administrative costs incurred in prosecuting the action,and
reasonable attorney fees.!
8.10.120 Fees.
Tree reports required tobe submitted to the City for review
and evaluation pursuant to this Chapter shal! be accompanied by the
fee prescribed therefor in the municipa! fee schedule,
8.!0.i~0 Severability.
If any provision of this Chapter or the application thereof to
any person or circumstance is held to be invalid by a court of
competent jurisdiction, such invaility shal! not affect any other
provision of this Chapter which can be given effect without the
invalid provision or application, and to this end the provisions of
this Chapter are declared to be severable.
SECTION 3. The provisions of Section 8.10.040 and Section
8.I0.050(b) and () shal! not apply to any deve!opment for whic~ a
complete application for a building permit, demolition permit, or
discretionary development approva! is on file in the Department of
Planning and Com.munity Environment as of December 31, 1996.
SECTION 4. The City Council finds that this project is
exempt from the provisions of the Environmenta! Quality Act ("CEQA")
because it can be seen with certainty that there is no possibility
that this project wil! hmve a significant effect -on the
environ:mont.
//
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SECTION 5. This ordinanceshall become effective upon the
commencement of the thirty-first day after the ~date of its .......
adoption, or January i, 1997, whichever date is later.
INTRODUCED: July 15, 1996
PASSED: August 5, 1996
AYES: ANDERSEN., FAZZINO, HUBER, KNISS, MCCOWN, SIMITIAN, WHEELER
NOES : ROSENBAUM
ABSEN~ : SCHNEIDER
ABSTENTIONS:
"~.City Clerk
¯ AP D AS FORM
~e~ior Asst. City At.torne~
"D-ItS DOCUMEN’i" IS CEttTIFIED TO BE AN
ORDINANCE DULY PASSED BY THE. COUN5-’I!.
OF THE CITYOF PALO ALTO ANDTH= R.’: ~,.-- I’ER POSTED I14 TH;: COUNCIL
DAYS o~ ,TS p~A~-) ~
A.PPROV,,EDI: . A
Administrative Services
Dir.@~or of Planning and
"(Yh’ief Building Officia!
960~07 ha 00S0255
Canopy: Trees for Palo Alto
1998 Oakwell Survey
Attachment D
~ lO~l~Jl, AIC~
Pisming & Urt~ Design NATIVE OAKS IN SOFA PLAN ARF_.~
Source: Survey prepared by Canopy’s OakWell Projelct, June 1998
1012~ge
SOUTH OF FOREST AREA COORDINATED AREA PLAN-ADMIN. DRAFT 10/28/98 Page III-
RGURE 111-6 III.POLICIES: DESIGN CHARACTER
of Ixotec~ng that area of tree roots to
be enclosed with chain link fencing.
1 Protected Co~ Live Oak
2 Protected Va~k~y Oak
3 Spedmen Jacaranda, Significant
4 Mor~ Bay F~, Significant Spedmen Scale: 1"=-100’
EXISTING PROTECTED
& SIGNIFICANT TREES
SOUTH OF FOREST AREA COORDINATED AREA PLAN..ADMIN. DRAFT 10/28/98 Page III-
Native Oaks in Palo Alto’s PAMF/SOFA Study Area
Prepared by Canopy’s OakWell Project, June 1998
Legend
Coast Valley
1-10" 0 ~’11-~" 0 ~