HomeMy WebLinkAbout1999-05-17 City Council (13)TO:
FROM:
DATE:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER
MAY 17, 1999
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR:247:99
7
SUBJECT:REQUEST TO AMEND THE EXISTING TREE PRESERVATION
ORDINANCE TO INCLUDE CHANGES PREVIOUSLY ADOPTED BY
THE URGENCY TREE ORDINANCE TO TAKE EFFECT
IMMEDIATELY
RECOMMENDATION
Staff recommends that the Council adopt amendments to the existing Tree Preservation
Ordinance (see Attachment C of the Planning Commission staff report) to insure the
protection of specified protected oak and heritage trees. Specific changes to the Ordinance
are as follows:
1.Creates the definition of"building footprint" and modifies "excessive pruning" to
insure consistency with national tree care standards.
2. Specifies protection for trees outside the building footprint.
3. Includes provision for appeal that is not a part of the existing Ordinance.
4.Modifies various grammatical errors and other language to properly integrate the
proposed changes into the existing Ordinance. --
PROJECT DESCRIPTION
The proposed Ordinance will provide a higher level of protection than the existing
Ordinance. The proposed Ordinance will promote the preservation of protected oak and
heritage trees of specific size and species, specifically when construction occurs in the
canopy overhang area, causing destruction to roots and limbs. In addition, under the present
Ordinance several significant specimen trees could be removed if the owners choose to do
so, even if the property owner proposes no development. On February 2, 1998, the City
CounCil approved changes to address such concerns in the form of an Urgency Ordinance
that will expire, on June 31, 1999 (attached as Attachment B of the Planning Commission
~staff report). To insure protection continues, the proposed Ordinance incorporates all the
CMR:247:99 Page 1 of 2 _
measures tha~ were previously approved by Council in the Urgency Ordinance as well as
other minor changes to clarify the Ordinance.
COMMISSION REVIEW AND RECOMMENDATIONS
On April 28, 1998, the Planning Commission unanimously approved staff’s proposed
changes and recommended that the Council adopt these changes into the permanent
ordinance to achieve a higher level of tree protection. The Planning Commission meeting
discussion included the following:
Specific questions regarding how the Ordinance would impact property owners,
developers, etc., including clarification as to what can be removed from trees, and when
trees can be removed entirely.
Clarification on the definition of "building area" and "excessive pruning."
Various questions on the existing Ordinance and how the proposed changes are different.
The draft minutes of the Planning Commission meeting are attached as Attachment B.
ALTERNATIVES
If Council chooses not to adopt the revised Ordinance recommended by the Planning
Commission, the City may incur ongoing loss of significant trees, may result in making the
ordinance difficult to apply in certain circumstances, and be inconsistent with national
industry standards.
EXHIBITS
A: Planning Commission staff report dated April 28, 1999. (with attachments)
B: Planning Commission draft minutes dated April 28, 1999
PREPARED BY:Dave Dockter, Planning Managing Arborist
Eric Riel, Chief Planning Official
DEPARTMENT HEAD REVIEW:
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
Assistant City Manager-
CMR:247:99 Page 2 of 2
Attachment A
PLANNING DIVISION
STAFF REPORT
TO:
FROM:
AGENDA DATE:
SUBJECT:
PLANNING COMMISSION
Dave Dockter, Planning Arborist DEPARTMENT: Planning
April 28, 1999
REQUEST TO AMEND THE EXISTING TREE
PRESERVATION ORDINANCE ,,TO,, INCLUDE CHANGES
PREVIOUSLY ADOPTED BY THE URGENCY TREE
ORDINANCE TO TAKE EFFECT IMMEDIATELY
RECOMMENDATION
1. Staff recommends that the Planning Commission recommend that ~he Council adopt
changes to the existing Tree Preservation and Management Regulations (see
Attachment A).
BACKGROUND
This amended Ordinance (see Attachment C) incorporates measures that were previously
approved by Council in February 2, 1998 adopting the Urgency Ordinance (see Attachment
B) and other minor changes that-extended the protection of specified Protected Oak and
Heritage trees. The codified Tree Preservation and Management Regulations, Chapter 8.10
(see Attachment A) is within Title 8, Trees and Vegetation, of the Palo Alto Municipal
Code. The ordinance is intended to protect both heritage trees and oaks of certain species _
and sizes. On December 14, 1998 the Council extended the Urgency Ordinance to provide
additional protection to trees. The Urgency Ordinance expires June 31, 1999.
DISCUSSION
City. Council ratified the urgency ordinance, acknowledging the existing ordiriance does
not adequately protect heritage trees. Specifically, the overhang of trees within the
allowable building area of a lot could be removed and permits removal of trees even if they
are outside of the building footprint. These impacts may be due to building activities or
inadvertent destruction to ,extensive roots and limbs of large trees who’s canopy overhangs
the area. To protect these trees, and to allow for remodeling, expansion or replacement of
S:lPlan~pladiv~ocsr~treord99.sr Page 1
buildings, requires consideration of the three-dimensional aspects of a tree trunk~ canopy
and roots. The changes recommended enables staffto take into consideration the above
factors for successful tree preservation. --
Staffs proposed the following changes as noted below. Items underlined are additions and
items noted in strikeout are deletions.
8.10.020 Definitions
(b) ’_’Building Footprint" means the two-dimensional configuration of a building’s
perimeter boundaries as measured on a horizontal plane at ground level.
(-g) ~ "Excessive pruning" means removal of more than o.’ac-third one-fourth of
the ~ functioning leaf and stem area of a tree in any twelve-month period, or
removal of foliage so as to cause the unbalancing of a tree.
Staff comment. The above noted changes are necessary for the existing Ordinance to be
consistent with national tree care industry standards, as described within the American
National Standard for Tree Care - Standard Practices, ANSI A300-1995. -
8.10.040 Prohibited Acts. -
(b) In the case of development on a single family residential lot, other than in
connection with a subdivision:
(1) No Protected trees shall no.__tt be removed unless the trunk of the protected
gF tpfi ¯~ .....-~ :-.,-^ ~..:la:~- ^--^ orthetree is within-the Buildin oo nt ÷t i~ ,,.,,~,~,.,,.,., ,.,. o,_,,~,,~,,l,~ ,~,.,,,
Director of Planning and Community. Environment has determined "-,,,.
,~,.~,,,..nes, on the basis of a tree report prepared by a certified arborist for provided
by-the applicant and any other relevant information, that the tree should be removed
because it is dead, dangerous, z~ -’ ..... ,t.^
..... ":- "~^ ~^^’~ -~’~ .....050(2)¯ ,.o,,,, -, ,,,. ,~,.,,, o. ,.,. ,,,.,,, or constitutes a nuisance under Section 8.04.of
this Code.
(2) If no Building Footprint exists, fro protected trees shall not be removed
unless the trunk of the ..tree i~ is located in the Buildable bu’~Idl;~g Area, or the
Director of Planning and Community. Environment has determined the-Dit’ee~
determines, on the basis of a tree report_prepared by a certified arborist for provided
t~y~-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.
S:lPlan~pladiv~pcsr~treord99.sr Page 2
L~) In connection with a proposed subdivision of land into two or more parcels,
no protected tree shall ...be removed unless removal is unavoidable due to restricted
access to the property....or deemed necessary..to repair a geologic hazard (landslide,
repairs, etc.), the tree removed shall be replaced in accordance with the standards in
the Tree Technical Manual. Tree preservation and protection measures for any lot
that is created by a proposed subdivision of land shall comply with the re_malations
of this Chapter..
Staff comment. The above noted changes corrects an inadvertent omission in the existing
ordinance regarding subdivisions. The ordinance does not provide exceptions for
situations in connection with a proposed subdivision of land where restricted access or
specific conditions exist, and tree removal is necessary.
8.10.140 Appeals. Any person seeking the Director’s approval to remove a
protected tree pursuant tO any Section of this Ordinance who is aggrieved by a
decision of the Director may appeal such decision in accordance with the procedures
set forth in Section 16.48.090 of Chapter 16.48 of the Municipal Code.
Staff comment. The above noted changes corrects an inadvertent omission- in the existing
ordinance regarding the appeal process. Section is added verbatim as described in PAMC
Section 16.48.090.
Staff Comment. This section is now obsolete and to be removed. It provided an exception
during a narrow time frame now expired for property owners that had active application
permits pending between the time of ordinance adoption _the effective commencement
Staffhas also corrected various grammatical additions and other non-substantial
changes to properly integrate the new elements into the body of the existing
Ordinance.
Effects of not adopting the proposed changes would result making the ordinance difficult
to apply in certain circumstances, and inconsistent with national industry standards.
Several significant specimen trees could be removed if the owners choose to do so whether
involved with development or not. Ongoing loss of these trees will further diminish the
tree canopy of the City and erode the environmental and aesthetic contributions that the
~ . S:lPlan~pladiv~pcsr~treord99.sr Page 3
trees provide to the overall community.
RESOURCE IMPACT
There are no resource impacts expected by amending the existing Ordinance.
POLICY IMPLICATIONS
The recommended action is consistent with City Policy.
TIMELINE
Staff commitment to Council was to prepare the permanent revision of the exi~sting
ordinance and schedule consideration of these changes for the Planning Commission in
April 1999 and subsequent City Council consideration at the May 17, 1999 hearing and
adoption on June 7, 1999.
ENVIRONMENTAL REVIEW
The proposed revisions to the existingordinance is minor, therefore is exempt from
provisions of the Califomia Environmental Quality Act (CEQA), Section. 15061 (b)(3).
ATTACHMENTS
Attachment A:Existing Ordinance, Tree Preservation and Management Regulations
Attachment B:Urgency Ordinance
Attachment C:Proposed changes to the existing Ordinance
COURTESY COPIES:
City Attorney’s Office
Prepared By:
Division Head Approval:
Dave Doc , P1 Managing Arborist
Eric Rid; Jr. Chief Planning Official
S:lPlan~pladiv~pcsr~treord99.sr Page 4
Attachment A
ORDINANCE NO. 4362
ORDINANCE O’F THE" COUNCIL OF THECITY OF PALO ALTO
ADDING CHAPTER 8.10 TO TITLE 8 OF THE PALO ALTO
5FJNICIPAL CODE REGARDING TREE PRESERVATION AND
~L~NAGEMENT REQUIREMENTS
"The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I. The City Cohncil finds as follows:
(a) The ~ity of Palo Alto is endowed’and forested .hd,
"native oaks and othe~ heritage trees which give the City a unique
visual character andenhance property values. The vestiges of the
original abundant oak forest, so wel~ adapted to much of this
region, are increasingly threatened after more than a century of
development. Preservation and maintenance of the remaining healthy
native oaks and other heritage-trees will retain their great
historic, aesthetic, and environmental value for the benefit of el!
residents. Preservation of these trees is" impo.rtant for the
following 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 envir0~ment of the City;
(4) . To aid ~in the reduction of air pollutioh b-;~
protecding the known capacity of trees toproduce o:.:ygen and ingest
carbon dioxide;
(5)To held reduce Dotentia! d=~== from ~;ind;
(6)To provide shade;
(7)To protect property values;
(8)To act as a noise barrier; and
To assisn in the abso_-p_nion cf rainw=~er inn-_
the ground, thereby prote=ning .azainst ponenti=_’_ damages .from soil
=-__o=-4_o..~ and f!oodin=, ~=-- we!l ~-~~ -=~uc4~= the cost of hand!inz
_storTn water by artificial means.
(D). in order to promote the health, safety, and’generaL
welfare of the residents of the-dity, whi!e~ recognizing the
interests of property owners in developing, maznta~n~ng,
enjoying their property, it is necessary to en~c5 regulations
protection of specified trees on private properdy within the Cit~:
S-’_CTIO;; 2. Chapter 8.10 is hereby added to Title 8 (Tree-=
and \=~_~--__o..) the Pa~_o Alto ~.’,.,~c~D=!. .._ _._ Code to re=~__ as ’follo’~;s:
1
’CHAPTER, 8. I0
TREE PRESERVATION AIqD I~A!WAGEMENT REGULATIONS
The purpose of this Chapter is to promote the health, safe~y,
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 ~stablis~ment of standards for removal,
maintenance’ and planting of trees, in establishing these
procedures and standards, it is th~ City’s intent to encourage t~e
preservation~of trees. ,
8.10.020 Definitions.
-- For the purposes of this Chapter, ~the following definitions
shall appl.y: ~" ~ ~.’.
(,a), "~’"Building Area" means that area _of a parcel
~ ~7~(i) upon which, under applicable zon~-ng regulatlons,¯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 !ocated on or to be constructed on the. parce!, where
there exists no feasible means of access which Would avoid
protected trees. On sing!e-f~i!y residentia! parcels, the portiQn.
of the parce! deemed to be the Building Area under this paragraph
(a) (2) shall not exceed ten (i0) feet in width.
(b) "Dangerous" m.eans an inrninent hazard or threat t6 the
safety~of persons or property¯
(c) ". -. .....¯
CO.~,~--~- ~y ZOne,City w~ C~ ~=~ui~== a ’" ~ "~ ~
variance, use pea, it, bui!din~ pe~.it, d£~.o!ition pea, it, or other
City approve!_ _ or which. involves excavation, lzndsca~n~.
construction w~t~4~ the driD!ine -_ca of
~t~,= Direztor(d) "Directcr" mea._s .....
CorD.unity Enviro.-=~.en’- or hi-= orher desi_~nee.
(e) "D~=-~etionarv deve!ooment aoorova!" m==~s p!an-A-e5
co~.~.unity zone, subdivision, use pe_~.>it, varianze, home i~..provemenu
Board appro:¢a!.
(f) "Drip!ine ~rea" means the area within X distance froz~
.the trunk of a tree, -zeasured froz the center, where X equals
distance ten (i0) tizes~ the diam=Z=~ of the tr~.~ as measured
feet (54 inches) above natural grade.
(g) "Excessive pruning" means removal of more than one-
third (I/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:ia
(Coast Live Oak) .or Quercus lobata (Valley Oak) which is eleven and
one-half (ll.5)’.[inches in diameter (36 inches in circumference) or
more when mea~u..r~.~,..~our and one-half (4.5) feet (54 inches) abov’e
i~2) A heritage tree designated.by the City counci~
in accordance with the provisions of this Chapter.
"Remove" means any of the following:
(i) Complete removal, such as cutting to the ground
or extraction, of a tree.
(2)_ Taking any action foreseeabiy leading to the
death of a tree or permanent damage to its health, 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
drioline area of a tree.
(j)~ "Tree"means any woody plant which has ~ trunk four
inches or more in diameter at four and one-half (4.5) feet above
natural grade level.
(k) "Tree report" means a report prepare~ by an arbor!st
certified by the International Society of Arboricu!ture or another
nationally recognized tree research, .care, and preservation
organization.
~ (i) "Tree Teci~nical ~nua!" means the regulations issued
by the City 51anager to implement this Chapter.
8.!0.030 Tree Techmolcal Ma~U~lo
The City ~.~=~=~=~ through the Departments of Oub~c Works
Planning and Com&~unity Envirom2~ent, shall issue
necessary for implementation of this Chapter, which shall be
as the Tree Technical ~.~anua!. The Tree Technical ~anua! will he
made readily available to the D~,blic._ and sh=~.___ include, but
not be !!mite/ to, standards and specifications regarding:
(a)Protection of trees during construction;
(b) Replacement of trees allowed to be removed pursuann
to this Chapter;
(c) Maintenance of protected trees (including but
limited to pruning, irrigation, and protection from disease);
3
(d) The format and content of tree reports required to
be submitted to the City pursuant to this Chapter;
(e) The criteria for deter~.ining whether a. tree is
.dangerous within the meining of this C~apter.
8.10.040’ Disclosure of Information Regarding Existing
Trees.
(a) Any application for discretionary development
approyal, or for a building or demolition permit where no
discretionary development approval is required, shall b~
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 re_quirement shall be met by including the info-~mation on.plans
submitted £n connection with the application.
(b) In addition, the location of el! other trees on the
site and in the adjacent public right of way which are within
thirty (30) feet of the area proposed for deve!opment, and trees
!ocated on adjacent property with canopies overhanging the ~roject
site, shal! be shown on the plans, identified by species.
(c) The Director ~e~" require submitta! of such other
info_~mation as is necessary, to further the purposes of this Chapter
including but not limited to photographs.
(d)-~ Disclosure of info~-n~..ation pursuant to this Section
shall not be required when the deve!opment for which the approva!
or pe~-mit is sought does not involve any change in building
footprint nor any grading or paving.
( e ) Knowingly or he.g! igent !y providin~ fal{e or
misleading info~-mation in response to this disclosure requirement
shal! constitute =- violation of this C..=p~__.~- -=~ _
%.!0.050
it _s~=~ be a violation cf this Chaplet for anyone, to. remove
cr c:~,=-- to be removed a .......~_o~=_~__=a tr_e,= e:<cep_ =: a!!o’~’ed in thi=-
Sec.~ion :
(a) in the absence-of "---=]c=~__opment, no protected tree
shal! be removed unless determ.ine5 by the Director, on the basis of
a tree report:provided by the applicant and any other relevant
info_~r.~ation, that the tree should be removed because it is dead,
dangerous, or constitutes a nuisance under Section ~.0~.050(2) of
this Code.
(b) In the case o c_v_lop ...... t on single family
residential !or, other than in connection with a s.abdivision,
(1) No protected tree shall be removed unless it is
located in the Buildins 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) !f removal is allowed because the tree is
located in the Buildin£ Area, or because the Director. has
determined that the tree ~is so close to Buildins Area that
construction would result in the death of the tree, the tree
removed shall~ be replaced in accordance with the standards in t~e
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:
(i) The Director determines on the basis of a.tree
report provided by applicant and any other r~levant 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, shali be preserved from developmen~ of any structure ........
unless removal ~ou!d have been permitted under paragraph (2), and
tree reo!acement in accordance .with the standards in the Tree
Technical 51anua! shall be required.
(2) Removal is per~..itted as part of project
approval under Chapter 16.~8 of this Code, because retention of the
tree would ~result in reduction of theo~h=~°-~0_s_=-perm~ss~b_=’ ’ ~_
Buildin=~ Area by. more than twenty-~_~_=~ -= ~ereent. (25%) . In such ~-
case, the approval shal! be conditioned upon replacement in
accordance~with the standards in the Tree Technical 5:anual.
8.!0.060
and !8.
~;e Lira.italy_on of Author~-ty Under ~4t!es 16
..... }[othing in this Chapter limits or modifies the
-~,~- ~4 ~’-"under _C_~Chamzer ._ of Title=__no__tv of the .
(Architectural P.evie’~’) and Tit!~_ !~ (zoning Ordinance) to~re~.aire
-r_es and o-her olan.-_s not covered by -’-:-~ =~ ....= Chapter to .--
identified, retained, protezued, and/or p!anted as conditions cf
the. aoorova! of development, in the even% o-" conflict betw@en
provi_~".-ons of this Chaoter~ and conditions of any. O=-~-~,~4t.-_,_ or bther
approva! granted pursuant to Title !6 . or Title !8, the ~.~ore
proteative ~reb.uirements shal! prevai!.
8.10.070 Care 0~f,Protected Trees.
(a) All’ o’,:ners of property _con~=~.~__..__~ orotected, tree5
shall follow the maintenance standards in the Tree Technic=~
(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 Development Con~itlon~.
(a) Discretionary development approvals for property
containing protected trees will include appropriate conditions
providing for the protection of.such trees during constructibn and
for maintenance of the tr4es thereafter.
(b) It shal! be a violation of this Chapter for
property owner or agent of the owner to fail to comply with
development approva! condition concerning preservation, protection,
and maintenance 9f any tree, including butnot limited to protected
trees.
8. !0..090 Designation of EeriSage Trees.
(a) ’Upon nomination by any person and wfth the written
consent of the property o’~ner(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
f4~d~m._ that it ’is un~u=. _ _ "and of imoortance, to the come.unity due to
any of the following factors:
sgecies;
(!) it is ~n outstanding specimen of ~ desirable
Pa!o Alto;
(2) it is one of the largest or oldest trees in
(3) it possess==-- distinctive form,
!ocation, and/or hist6ri~a! significance.
size, .age,
(c) A.=t=- City. Counci! aoorova!__ of a "~.=-~.:_~_tag-= tree
designation, the City C!er~ s%.=~ notify the orooertv o’~-er(s) "-
writin_z. A !istin~ of t~_ee-= so designated, including the s~ecific. .
!ozations thereof, shall be ~:ept by the Deparn.~..ents of P’~b!ic
(d)Once des~z~=~=~, a heritace tree ~=~ be subject tz
the provisions of this Chapter unless removed from the list
heritage trees by acticn of the City Council.~ The City Counci! ma~:°
remove a tree from the list upon ’its own motion or upon req~!est.
Keouest _for sDch a~tion may originate in ~he same manner
nomination f.or heritage tree designation.
~-8.!0.!00 Responsibility for Enforc=__~.ent.
The follo~in~ designated emp!oyee positions may enforce the
provisions of this Chapter by the issuance of citations: chief
6
building official, assistant building official, code enforcement
officer, planning arbor!st.
8~,i0.ii0 Enforcement; Penalties.
In addition to all other remedies set forth in this Code or
otherwise provided by law, the following 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’~y issue a stop work order suspending and prohibiting furthe~
activity on the property pursuant to the grading, demolitioi,
and/or building permit(s) (including con.struction, inspection, add
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 shall
include measures for protection of any remaining trees on the
property, aid shall provide for replacement of each tree removed on
the property or at locations approved by the Director of Planning
and Com~,unity Environment and by the Director of Public Works, if
replacement is to occur on public property. The replacement ratio
sha!l be in accordance with the standards set forth in the Tree
Technical ~.!anual, and shal! be at a greater ratio than that
re,aired where tree removal is Der~..itted o.~rsuant to the o_ovlslons
of this Chaoter.
_, (2) if a violation occurs in the absence..of
develQpment, or while an application for a building permit or
discretiona_~-y deve!opment approva! for the !ot upon which the tree
is located is pendin£, the Director may issue a temporary
moratorium on development of the subj=~t_- property, not to exceed
e_g~.~ ~==~ ..... ~onnhs from the date the violation occurrei The purpose
of the moratorium is to provide the City an opportunity to study
and dete_--~..~..ine appropriate mitigation measures for nne ~== remova!
and zo ensure measures=-re inco_--p_orated inzo any. future-deve!opment
aoorovais rot the proper~y ~.~itigation ~ea-__es a~ determined by
the Director shall be i~posed == = condition c= an}- subsequen~
~_e_--~...i~=~ f__ deve!ommenz_ cn the subjezt ~roperty.
Civil zonal-des.
(~_) A_- ~=_. c-" a civi~- action hrzu_--hn by the Cit.v,
= court .~=.0° a=sess -_zains~ an,,, person who co.~_-..its, a!!ows, cr
v..aintains a violation of an}- provision of this Chapter a civil
penalty in an -~mount.not to exceed $5000 per violation.
(o)~ ,,---~-,,.~=_= the violation h-=.s r=s~,~*’=~_ _____ _..~.~ removal of
a tree, the civi! pena!~y shall be in an s_~.0ount n~_t to e:<ceed $500"
per tree unlawfully re.~.ove5, or the rep!acemenn value of each such
tree, whichever e_~.oun% is higher. Such amount shall be payable to
City =--o~=~---=-t~a!ue for the D"~OO-=eS of t~ section shal! be
de-_e_~..inel uti!~-4~z the ~..gs- resent edition of -_he G’~d= for Plan-
7
Appraisal, published by the Council of Tree and Landscape
~ppraisers.
(c) Injunctive relief. A civil action may-be commenced’
to abate, enjoin, or otherwise compe!, 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
admini.strative costs incurred in prosecuting the action,and
reasonable attorney fees._~,.’
8.10.120 Fees.
Tree reports’,required to’be submitted to the City for review
and evaluation pursuant to this Chapter shall be accompanied by the
fee prescribed therefor in the municipal fee schedule.
8 .I0 Severability.
k ~ If any provision of this Chapter or the application thereof to.
any person or circumstance is he!d to be invalid by a court of
competent 3ur~s~lct!o~., such invaility .shal! not -ffect any other
provision of this Chapter which can be ~ ~=~g_~. effect without the
invalid provision or application, and to this end the provisions of
this Chapter a~= declared to-be severable.
SECTION 3. The provisions of Section S.!0.0~0 and SectioD
S.!0.050(b) an5 (c) shal! not apply to any development for.which a
complete application for a bui!din~ permit, demolition permit, or
e_v_lop~.._~.~ approva! is on fi!e in th£ Department of_discretion~_~y "=-= ~=~
Plannin~ and Co~.T, unity Enviro~.ent as of December 31, 1996. ~. ~_
SECTION ~. The City Council fin~s that this project is
ex~r.ot, from the Drovis!ons of~the Envirov_~enta! Q~,:~- Azt ("CEQA")
= ~ with certainty thKt there ~ no poss~bllmt"because it can
that this project~ %:i!! hzve a s~_,~n4._ficant effect ~ the
enviro~_~ent. ¯
ii//IIII/IIIIIIIII
II
SECTION_ 5. This ordinance shall become effective upon the
commencement of the thlrty-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,.FAZZIN0, HUBER, KNIS’S, HCC0,~N, SIHITIAN, WHEELER
NOES : ROSENBAU%i
ABSEN~ : SCHNEIDER
ABSTENTIONS:
AP D AS FORM :
S_~i.’ior Asst. City Attorney
APPROVED :
- Attachment B
ORDINANCE NO. L 4478
ORDINANCE OF THE COUNCIL OF THE CITY OF PAL0 A~TO
PROHIBITING THE REMOVAL OF SPECIFIED PROTECTED OAK
TREES, 15~POSING PENALTIES FOR’SUCH REMOVAL, AND
DECLARING THE URGENCY THEREOF, "TO TAKE EFFECT
IS£4EDIATELY
The City Council of the City of Palo Alto does ordain~as
follows :
SECTION I. Findlnq_s. The Council finds an~~ de~lares,
based upon. written and oral testimony presented and considered on
February 2, 1998:
A. Preservation of native oak trees is important to the
City ofPalo 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, a~nong Other things.
B. In 1996, the City’Council enacted Ordinance No. 4362,~
effecZive January i, 1997, in order to protect specified native oak
trees fromremoval, except in certain circumstances.
C. The mew property owner¯ of the parcel located.at 450
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 Palo Alto. The potential removal is-in anticipation of the
demolition, and reconstruction of the single family residence
currently on the lot. There are numerous development alternatives
which could permit both reconstruction of the single family
residence and preservation of the Valley Oak. The trunk of the
Valley’Oak sits ohtside the allowable building footprint on the
parcel.
D. It is necessary for the preservation of the public
health and safoety to enact as an emergency measure an ordinance
imposing temporary restriutions on the removal of specified oak
trees.in o~der to maintain the status quo while the issue, is being
studied. The reason for the urgency is that the current Tree
Protection Ordinance, Palo Alto ~,un~clpal Code Chapter ~.I0, would
permit remora" of~ so-called "protected trees," even if~ they are
ou[side the a!lo~able building footprint. As a result, certain
protected trees could be removed unless urgency action is ta~:en.
sEcTION..2. Definitions. All terms in this ordinance shall
have the definition provided in Section 8.10.020 of the Palo Alto
~crpal CoSe unless expressly provided otherwise.
1
8.ECTION 3. Removal o£ Oak Tr%es Prohibited.-~- No person
shall remove or cause the removal of a protected tree unless the
trunk of the pr6tected tree is within thebuilding footprint (with
the term "footprint" defihed as provided in P~!C § 18.04.030
ia) (57.5)), unless the Director of " 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 information, that the tree should be removed because
ii is dead, dangerous, or constitutes a nuisance under Section
8.04.050(2) of the Palo Alto Municipal Code.
SECTION 4. Aooeals. Any person requesting approval to
remove a protected oak tree pursuant to Section 3 of this ordinance
who is aggrieved by a decision of the Director may appeal, such
decision in accordance with the procedures set forth in Section
16.48.090 of Chapter 16.48 of the Municipal Code.
SECTION 5. Enforcement; Remedies~for Violation.
(a) In addition to ill other remedies otherwls_’ ~ provided.
by law, the following remedies shall be available to the C~ty for
violation of this ordinance:
(I) Stop work; temporary moratorium.
If a violation oc~xs__during devel~pment, th~
City ma~ 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 shall
include measures for protection of any remaining trees onth%
property, and shall provide for replacement of each tree removed on
the property or at locations approved by the Director of Plenning
and Co~,unity Environment and by the Director of Public Works, if
replacement is to occur on public property.
If a violation occurs in the absehce of
development, or while an application for a building permit or
discretiona_~-y development approva! for the !or upon which the tree
is located i~ pending, the Direztor~ may issue a temporary
moratorium on development of the subject properdy,not to exceed
eighteen months f~om the date the violation occurred. The purpose
of the moratoriu~ is to provide the City an oppor~uni~y.to study
and dete.~mine appropriate mitigation measures for the tree removal,
and to ensure measures are incorporated into any future development
approvals for the property. [.litigation measures as determined by
the Director shall~ be imposed as a condition of any subsequent
permits for development on the subject property.
(2)Civil penaities.
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 viol~tion.
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 amount is higher. Such amount shall be.payable to
City. .Replacement value for the purposes of thissection shall be
determined utilizing the most recent edition of the Guide for Plant
Appraisal, published by the Council of Tree and Landscape
Appraisers.
(3) Injunctive relief. A civil a~tion may be
commenced to abate, enjoin, or otherwise compel 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 trial, the
costs of trial, reasonable expenses 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 official, Assistant
Building Official, Code Enforcement Officer, Planning Arborist.
SECTION 6. Effective Date. This ordinance shall be
effective immediately upon adoption and shall cease to have force___
and effect on-Dec_~ ....~, ~8, unless extended by action of the
SECTION 7. The Council finds that this project is exem.pt
from the provisions of the Environmental Quality AzZ ("CEQA")
because it can be seen with certainty that there is no possibil’ity
that this project will have a significant effect on the
enviroD.~enti and because this ordinance falls within the emergency
~.roject .exception to CEQA set forth in Section !5~68 of the CE~A
Guidelines.
This ordinance was introduced at a regular meeting of the
Council of the City of Palo Alto on’Monday, February 2, 1998, and
¯was passed by- a four-fifths vote of all Council members present at
the meeting as follows:
INTRODUCED AND PASSED: ’February 2, 1998
AYES:
NOES:
EAKINS, FAZZIN0, HUBER, KNISS, HOSSAR, OJA/<IAN, ROSENBAUH, SCHNEIDER,
WHEELER
ABSTENTIONS :
ABSENT
ATTE~
C/Ity ~t torney
APPROVED :
, yor
Director of Plannin~ and
Community Environment
Attachment C
ORDINANCE NO.
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 I. Chapter 8.10 of Title 8 (Trees and Vegetation)
of the Palo Alto Municipal Code is hereby amended to read as
follows:
CHAPTER 8.10 ¯
TREE PRESERVATION ANDMANAGEMENT REGULATIONS
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 Definitions.
For the purposes of this chapter, the following definitions
shall apply: -- -
(a)"Building A~@a" means that area of a parcel:
(i) Upon which, under applicable zoning regulations,
a structure may be built without a variance, design enhancement
exception, or home.improvement exception; or
(2) Necessary for construction of primary access Ito
structures located on or to be constructed-on the parcel, where
there exists no feasible means of access which would avoid
protected trees. On single-family residential parcels, the portion
of the parcel deemed to be the building area under this paragraph
(a) (2) shall not exceed ten feet in width. -
(b) "Building Footprint" means the two-dimensional
configuration of a building’s perimeter boundaries as measured on
a horizontal p~ane at ground level.
~b~ (c) "Dangerous" means an imminent hazard or threat to
the safety of persons or property.
~ (d) "Development" means any work upon any property in
the City which requires a subdivision, planned community zone,
variance, use permit, building permit, demolition permit, or other
990422 sdl 0052221
City approval or which involves excavation, landscaping or
construction within the dripline area of a protected tree.
~d~ (e) "Director" means the director of planning and
community environment or his or her designee.
~ (f) "Discretionary development approval" means
planned community zone, subdivision, use permit, variance, home
improvement exception, design enhancement exception, or
architectural review board approval.
~ (g) "Dripline area" means the area within x distance
from the trunk of a tree, measured from the center, where X equals
a distance ten times the diameter of the trunk as measured four and
one-half feet (fifty-four inches) above natural grade.
~g~ (h) "Excessive pruning" means removal of more than
o~-Sh±~d one-fourth of the foi±=~ functioning leaf and stem area
of a tree in any twelve-month period, or removal of foliage so as
to cause the unbalancing of a tree.
"Protected tree" means:
(I) Any tree of the species Quercu_%~agrifolia (Coast
Live Oak) or Quercus "lobata (Valley Oak) which is eleven and
one-half inches in diameter (thirty-six inches in circumference) or
more when measured four and one-half feet (fifty-four inches) above
natural grade; and
--(2) A heritage tree designate~ by the City Council in
accordance with the provisions of this chapter.
~-~ (j) "Remove" means any of the following:
(i) 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 permanent damage 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.
wcj-~ (k) "Tree" means any woody plant which has a trunk
four inches or more in diameter at four and one-half feet above
natural grade level.
~ (I) "Tree report" means a report prepared by an
arborist certified by the International Society of Arboriculture or
another nationally recognized tree research, care, and preservation
organization.
~ (m)~- "Tree Technical Manual" means the regulations
issued by the City Manager to implement this Chapter.
9904_ 22 sd10052221 2
8.10.030 Tree Technical Manual.
The City Manager, through the Departments of PublicWorks
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 wil! be
made readily available to the public and shall include, but need
not be limited to, standards and specifications regarding:
(a)
(b)
this Chapter;
Protection of trees during construction;
Replacement of trees allowed to be removed pursuant to
(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 ~ree is
dangerous within the meaning of this Chapter.
8.10.040 Disclosure of information regarding existing
trees.
(a) Any application for discretionary development
approval,, or for a building or demolition 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 feet of the area proposed for development, and trees located
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
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 shall
constitute a violation of this Chapter.
990422 sd10052221 3
8.10.050 Prohibited acts.
It shall be a violation of this Chapter for anyone, to
remove or cause tO be removed a protected tree, except as allowed
in this Section:
(a) In the absence of development, n~ protected trees
shall not be removed unless determined by the Director of Planning
and Community Environment ~, on the basis of~a tree report
prepared by a certified arborist for p~vld~d by the applicant and
~rry 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:
(i) ~ Protected trees shall not be removed unless
the trunk of the protected tree is within the Building Footprint
ix i~=L~d i~ Lh~ Buildi~ A~=, or the Director of Planning and
Community Environment has determined Lh~ Dix=uLu~ d~L=~tt~=~, on
the basis of a tree report prepared by a certified arborist for
p~ovld=d by the applicant and ~ny o£her relevant information, that
the tree should be removed because it is dead, dangerous, ~
to Ch~ buildi~ =~= th=L ~o~t~u~Liun ~ould xe~ult i~ th~ d~=th
the tz~e, or constitutes a nuisance under Section 8.04.050(2) of
this Code.
(2) If no Building Footprint exists, nc protected
trees shall not be removed unless the trunk of the tree i-t is
located in the Building Area, or the Director of Planning and
Community Environment has determined th~ Diz~eLuz d~L=zmi,.~, on
t_he basis of a tree report prepared by a certified arborist for
pzuvld~d by the applicant and ~ other relevant info~ation, that-
the tree should be removed because it is dead, dangerous, ~
th~-t~e, or constitutes a nuisance under Section 8.04.050(2) of
this Code. "
~ (3) If removal is allowed because the tree is
located in the Building Footprint or Building Area, or because the
Director of Planning and Community Environment has determined t-h~
DI~L~ d~L~ai~ that the tree is so close to the 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 Technical ~rh~L-ti~n Manual.
(c) In connection with a proposed subdivision of land into
two or mor~ pircels, no protected tree shall be removed unless
removal is unavoidable due to restricted access to the property or
deemed necessary to repair a geologic hazard (landslide, repairs,
etc.) The tree removed shall be replaced in accordance with the
standards in the Tree Technical Manual. Tree preservation and
990422 sdl 0052221
protection measures for any lot that is created by a proposed
subdivision of land shall comply with the regulations of this
Chapter. ~-
~ (d) In all circumstances other than those described
in paragraphs (a), ~nTd (b) and (c) of this Section, no protected
trees shall not be removed unless one of’the following applies:
(i) The Director of Planning and Community
Environment has determined the di~uLo~ d~L~ttti~=s, on the basis of
a tree report prepared by a certified arborist for p~ovld=d by the
applicant and ~rry 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 dripline area of 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.), 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. In such a case, the approval
shall be conditioned upon replacement in acq~rdance with the
standards in the Tree Technical Manual.
8.10.060 No limitation of authority under Titles 16 and
18.
Nothihg in this Chapter limits or modifies the existing
authority of the City under Chapter- 16.48 .of Title 16
(Architectural 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.
(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
~ees.
8.10.080 Development 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.
990422 sdl 0052221 5
(b) It shall be a violation of this ~hapter for any
property owner or agent of the owner to fail to comply with any
develbpment 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:
species;
It is an outstanding specimen of a desirable~
(2) It is one of the largest or oldest trees in Palo
Alto;
(3) It possesses distinctive f~rm, size, age,
location, and/or historical significance.
(c) After 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 written
request by the property owner. Request for such action must nra2z
originate in the same manner as nomination for heritage tree
designation.
8 i0.i00 Responsibility for enforcement.
.... The following designated employee positions may enforce the
provisions of this Chapter by the issuance of citations: Chief
Building Official, Assistant Building Official, Code Enforcement
Officer, Planning Arborist.
8.10.110 Enforcement - Remedies,for Violation ~iti~.
In addition to all other remedies set forth in this code or
otherwise progided by law, the following remedies shall be
available to the City for violation of this Chapter:
(a)Stop Work - Temporary Moratorium.
(I) If a violation occurs during development, the
City may issue a stop work order suspending and prohibiting further
990422 sdl 0052221 6
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~shall include
measures for protection of any remaining trees on the property, and
shall provide for replacement of each tree removed on the property
or at locations approved by the Director of Planning and Community
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
permitted pursuant 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 tooexceed
eighteen months from the date the violation occurred. The purpose
bf the moratorium is to provide the City an opportunity to study
and determine appropriate mitigation measures for the tree removal,
and~to ensure measures are incorporated into any future development
approvals for the property. Mitigation measures as determined by
the Director shall be imposed as a condition of any subsequent
permits for development on the .subject property.
(b)Civil Penalties.
(i) As pa’rt of a civil action brought bythe 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 (five thousand dollars)
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
(five thousand dollars) per tree unlawfully removed, or the
replacement value of_~each such tree, whichever amount is higher.
Such amount shall be payable to the 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
Council of Tree and Landscape Appraisers.
(c) Injunctive Reliag; 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 overhead and
administrative costs incurred in prosecuting the action, and
reasonable attorney fees.
990422 sdl 005222 L 7
8.10.120 Fees.
Tree reports required to be submitted to t~ City for
review and evaluation pursuant to this Chapter shall be accompanied
by the fee prescribed therefor in the municipal fee schedule.
8.10.130 Severability.
If any pgovision of this Chapter or the application thereof
to any person or circumstance is held to be invalid by a court of
competent jurisdiction, such invalidity 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 provisions of
this Chapter are declared to be severable.
8.10.140 Appeals.
Any person seeking the Director’s approval to remove a
protected tree pursuant to this Ordinance who is aggrieved by a
decision of the Director may appeal such decision in accordance
with the procedures set forth in Section 16.48.090 of Chapter 16.48
of the Municipal Code.
SECTION 2. The City 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.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Mayor
City Attorney
City Manager
Director of Planning and
Community Environment
990422 sd10052221 8
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April 28, 1999
REGULAR MEETING- 7.’00 PM
City Council Chambers Room
Civic Center, 1st Floor
250 Hamilton Avenue
- ~ Palo Alto, California 94301
EXCERPT of draft minutes of the
Palo Alto Planning Commission
meeting of April 28, 1999.
Attachment B
ROLL CALL:
Meeting called to order at 7:00 P.M.
Commissioners:
Owen Byrd, Chairman
Kathy Schmidt, Vice-Chair
Bern Beecham
Annette Bialson
Phyll!s Cassel
Jon Schink
Patrick Burt
to
The first
Da
Furth,
Arborist
Planner
I’d like to call tonight’s
May I ask that the clerk please
the
on our agenda tonight
Commission
ORAL
Is there
we’ll clo~
Oral Communications. Seeing none,
AGENDA DELETIONS.
I’d like to in the audience and for those who may be
was some ques~ _,raised by members of the public earlier this
wee,k,~or ~rnl~ ~issiol~ would beX~epting testimony or comments from the
pub~lii Reports F ials on the subjects of croon of a Transportation Commission
a~our review of Shuttle Plan. The City Attorney"l~ advised me that in fact we are
~. to accept tho~mments. I’m presuming, unless the ~ission has a problem, that
~hear fro~’s of the public on those subjects.~
~:~ approval of Minutes of March 30, 199"9. Does anyone~e comments or a
Commissioner Schmidt: I move approval.~
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Chairman Byrd: The next item on our Agenda tonight is a request from Staff to amend the
existing Tree Preservation Ordinance. I’ll invite Staff to introduce it.
o Tree Ordinance Amendment: Request to amend the exiting tree preservation
ordinance to include changes previously adopted by the urgency tree ordinance.
Dave Dockter, Planning Arborist:
presenting to the City Council a recommending that the City Council amend
ordinance. A little bit of background. February of 1998 there was an
which increased the area in which protected trees would be
of this amended ordinance are: the change from the
the building footprint of the lot. So it did add some areas
protected. That urgency ordinance was due to expire.
extension to that ordinance out to June 31, 1999.before
consider the permanent revisions get logged in
This is before you here tonight to consider for review and
tree
passed
changes
outside of
an
It was determined by the initial urgency ordinance
adequately protect protected trees and heritage trees.
that the trees were so large that the normal
the large trees. So the ordinance was
trees that took into consideration above
the criteria by which we would allow
the
tree ordinance did not
where we found
have removed
to extremely large
and branches as part of
Staff is here to accept any
Commissioner Cassel: I have
heritage it has a ~it has a
the tree yard
happens to neighbors. You have a
is protected. What if the branches of
is doing construction? What then?
Mr.
basis and it
code, in
of a property it would be looked at on an individual
tree. If the tree meets the criteria allowed by the
that criteria Would have to be dead or dangerous or
the tree would not be removed.
Co~i~sioner Cassel:my question. The question has to ~do with the neighbor decides
toN~id a house and of the tree are in the way. So the neighbor wants to lop off the
~hes of the tree are on the neighbors side of the property. Are those protected in any
¯ ~, ~at tree would be protected. They would be comtra~ed to develop Neir lot
so ~:n6~t~ermanently injure the protected tree.
commissioner Beecham: On page two of the report, Item B, it talks about protected trees will
not be removed unless the truck is within the building footprint. So I wonder what happens if the
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trunk is just outside the footprint and a substantial portion of the root structure would be lost. Is
-~aere any assessment made on the viability of the tree at that point? Whether it__m_ay be removed
because it is not likely to survive?
Mr. Dockter: Yes, that’s the area where discretion would be critical as to whether the structure
could be modified to keep the tree. We would look at that and consider options with the building
foundation. But that is the grey area where the tree may be allowed to be removed if there is no
other way to construct the lot if it is that close to the existing building
Commissioner Beecham: Following that, preface two, it
then the tree shall not be removed. What is the
footprint exists
Mr. Dockter: That item two is actually if there is no
back to the way the ordinance reads currently. That’
setbacks of the property could be built. The trees
remaining in the setback area. This is how the
Mr. Riel: I don’t know if that was clear.
area,
only if
Y.
the
Commissioner Beecham: I must be being
words?
explain that in other
Mr. Dockter: Right now if there ~
would be protected in the setback
way the ordinance reads right
it as anything outside of the
building
property to the
either
to
building footprint the trees
20 feet front and rear. That is the
in Item 1 and defined
be protected. So we’ve added an
If there is no building footprint on the
setbacks, can
Mr. D~
with a heritage tree in the buildable area, within the
the building setback, no.
No,
old lot, it never
to build
what I asked. If it is within the setbacks in the buildable area,
built on, it has a big tree right in the middle of it, can you cut down
in the middle of the lot?
that lot from being built by more than 25 % then yes, you would be
tree.
Chairman Byrd: If it prevents the lot from being built by more than 25 %. What does that mean
and who decides?
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Mr. Dockter: The code speaks to if it prohibits the developability of the lot by greater than 25 %
then the tree would be allowed to be removed.
Chairman Byrd: By 25 % of what? 25 % more difficult to create an architecturally more pleasing
design.
Mr. Dockter: Of the buildable area.
Chairman Byrd: So the square footage of the buildable area?
Mr. Dockter.: Correct.
Commissioner Schink: Which trees are we
of how many heritage trees we have’ in the City?
Mr. Dockter: For clarification, a heritage tree is a
nominated to be a heritage tree by the resident and
individual tree then receives the same protection
designations. Protected trees are Coast Live
inches in diameter.
tree that has been
the City Council. That
are two distinct
greater than 11-1/2
Commissioner Schink: If I wanted to
I do that?
door neighbor’s lot, could
Mr. Dockter: Is it a good idea?
N I?
Mr.
submits
be denied. It has to be the property owner that actual
or is that just understood?
Ms.:The
cut down
is too
that there has to be owner consent.
)oes the ordinance also apply to just a property where someone says I
tree because I don’t like it here anymore? I’m not building anything
or something like that. Does this apply? That a person is not allowed
ordinance.
nuisance.
’" Yes it does. The existing ordinance provides for that as well as does the amended
It has to meet the exact findings that it is either dead, dangerous or creates a public
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Commissioner Schmidt: Thank you.
Commissioner Beecham: Going back to page two, the last clause on that page. Can you tell me
what buildable area is? That’s maybe my sticking point. What is the definition of buildable area?
Is that everything inside the setbacks?
Mr. Dockter:
applicable zoning regulations the structure may be built without a variance,
exception or home improvement exception or; 2) necessary for
structures located on or to be constructed on the parcel
access which would avoid protected trees. On single
parcel deemed to be the building area under this shall
That’s the definition of buildable area.
I can read the definition here. It means that area of a parcel upon which under
access to
means of
portion of the
in
Commissioner Beecham: Thank you.
Chairman Bvrd~ Other questions for Staff?.
Commissioner Schink: I did not.understand width" part.
Mr. Gawf: I think what it is getting at is it
building area that is the area that is not
driveway or access to the structure
about it, it also identifies
of as the building area where
That’
to be
normally consider the
it is also provides for a
width. So if you think
to this area that I normally think
inside the setbacks.
Ms. Furth:
require
foot ban if
lot unless you have no setbacks the driveway
areas the driveway in a way that doesn’t
have to do that. But if you can’t, you are allowed a l0
a heritage or a.protected tree.
Commis~,"
As
of
this If that
make any more attempt to understand this at this point.
that this does not say that under the _conditions that a tree is
in the setbacks, that it can be cut down which is how I read
situation I’ll trust your assessment of it although I do not
Mr:’,:,Dockter: That~!!S~ the case. They will be protected. I want to clarify one thing. It merely
~iggerg);th~g~’f the tree to determine if it is dead, dying or dangerous. It is important to
~e~!ed~a~i" that it is not an automatic removal but it does trigger us to actually go and do
a ~S!~~~~’review of the tree before we will allow it to be removed. ~
Commissioner Schink: Last year or a couple of years ago there were some discussions about
having to remove some City street trees. At the time ’we had various conversations about
mitigation concepts that we might be able to explore for when there is an absolute need, what
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alternative could we look at. I believe, shortly after that there was a situation on a classic
communities development in which Ken Schreiber had mentioned me that he had worked with you
to apply some kind of a mitigation concept there for some tree issue that had come up. I
wondered if you could share the facts about what we did in that circumstance and tell me whether
we could then maybe apply some of those same ideas to this also.
Mr. Dockter:
does provide for mitigation trees if a tree is allowed to be removed in
situations. In that case you’re citing, we required a mitigation more
between that development and the next door neighbor
along the property line to mitigate for the view that was
removed down to the stump it was allowed however, to
Staff wanted to see at all.
I don’t know how we could apply it to the amended ordinance here. The ordinance
condition
of screening
trees planted
allowed to be
is not
Commissioner Schink: I thought Ken said that as an
of street trees somewhere else or did._s_omething else
Mr. Dockter: In the classic communities project on
Commissioner Schink: Maybe I have my
contributed ~umber
That wasn’t the case?
ou are referring to, no.
Mr, Dockter: There was another oak
protected tree. But the protected tree
loss of this canopy of this
T.
Commissioner S~hink:
some types
an easier The
take off
trees,
mitigation.
that? Is there
Is there
oak
in that we couldn’t explore
differently and there is a possibly
~ame-forward and said, I just have to
rcilling to plant 20 one-inch oak trees around
what I’m doing. That would seem like a reasonable
that idea here. Was there any thought given to-
25% of th~
to the tree.
the 25%, it
25% if it
idea
the removal, under the amended version we have here, allows
one given 12 month period. That’s applying proper pruning
non-injurious to a tree to take a large branch off and it doesn’t
be allowed to remove a significant portion. But we wouldn’t allow
presented as mitigation on the other hand to plant trees elsewhere
the individual tree. So I don’t think we would make a finding to
pruned and plant other trees elsewhere in that circumstance.
How is this calculation of 25 % or what it calls one-fourth of the functioning leaf
and stem area of a tree performed? The tree has a complex geometry. How do you get down to
what constitutes 25%? I’m presuming at some level it is a judgment call.
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Mr. Dockter: Yes, it very much is a judgment call. It is there more for enforcement after. If
a tree has been heavily trimmed, butchered, it’s a cut-off point where you can cite excessive
pruning. The 25 % is a nation-wide figure both by the NCA 300 and the International Society of
Arbor Culture. It is determined that 25 % is prudent pruning and anything in excess of that is
detrimental to the tree. To truly determine if it was 25 % or not you would have to have before
and after pictures. Only a very good quality tree pruner can determine how much foliage he is
actually removing out of the tree. The functioning leaf area end of this thing intends to leave out
of the picture dead wood, and things that are not function, that would not part of this
25%.
Commissioner Burt: I have a question. The two protected
Oak, is that correct?
Oak and
Mr. Dockter: That’s correct.
Commissioner Burt: How was it determined that
no others?
two protected species and
Mr. Dockter: That is before my time by the
and the tree ordinance would be in affect
the ordinance was due to come back to
it’s doing and to modify it and make
thinking is possibly other cities have a
other species. Palo Alto has
species of oaks would be the
finally approved
were called out and
ass through, to see how
I suppose what you are
Palo Alto that protect many
of its ordinance just the two
of herita
left
hand, we
the City that l
it is a native
is that
of this
it’s the predominate native species of trees,
the that we have in the community are not
planted by folks and they grow rapidly. On the other
to our community and we have many Redwoods in
trees as well as interior live oak being unsure whether
I guess I would, in the future, have a concern with
of trees that really do constitute the heritage and the natural
That is a policy decision of the City Council. I think the Planning
if us to look at that issue, could make such a recommendation. I’ve seen
go b ,s. That is look at the species of the tree and/or look at the diameter of
either getting certain types of trees or they are looking at the size of the tree
on the community. For us, within our community, we’ve narrowed the
two trees that Dave mentioned but I know that is a policy issue.
Commissioner Beecham: I’m probably about ready to recommend that we move this on to the
Council. I am sympathetic to Jon’s comment earlier that allows some flexibility in certain cases.
City of Palo Alto ~ Page 16
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Basically when there is some perceived need to modify a heritage tree that otherwise is not strictly
allowed here. That there be some capability for Staff to look at, okay if you do take down this
one l~rge landmark or whatever it may be, let’s ensure that something else is done to help take
care of it in the long run. Although people know that the trees that are planted are smaller today.
I don’t know if anyone else wants to pursue crafting something like this but I would certainly
support that idea. - ~
Commissioner Bialson: I don’t think that’s something we want to get into. I bel
of a negotiation process that I think Staff probably doesn’t want to have
are dealing with homeowners I don’t think it’s appropriate,we are
owners who are trying to develop their properties for
between the owner or developer and Staff includes a
concern about. So I would rather not have a
the Council be that some process of replacing the at thi~,
that is sort
them. If we
large property
the dialogue
expres~
Commissioner Cassel: You said this is the first run
corrections that we’ve done on this ordinance which
another run through that we are going to be doing
working and where the problems are?
obviously these are the first
new ordinance. Is there
we see how this is~
Mr. Gawf: I think given the experience
many years before he tries it again.
time. I think you make a good point.
one that I think there probably
which trees should be covered
other glitches that we find that
’s are
to the
loss? I
a provision
time it may be many,
procedures, doing it this-
and ordinance and it is
of it. Especially the question of
an evolving issue. So there may be
anderstand what some of the Planning
be some mitigation if you trim a tree up
the go over 25%-to mitigate the impact of that
help me with this, that if you do remove the tree there is
new trees. Is that correct?
Mr. D~
to be
is actually outlined as the replacement ratio shall be
It is based on canopy replacement if the tree is allowed
the question that I want to try to flush out some more. I think that
I!v~a~ to f’md a that balance. Let me give you an example ofwhy I.am concerned.
i’m but this ordinance will probably be in place long after Dave has
"City and we might not get such a reasonable person to replace him. We
Arborist from Carmel and I can assure you they had a story that has me a bit
I was reading in the Pine Cone several months ago about a woman who planted a
heritage tree in her yard right next to her house. Well, that was 25 years ago and now the tree
is pushing through the kitchen window ~and she wants to remove half of the tree. The half that
is growing through the house. But it is a heritage tree and the City Arborist says it can’t be
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removed. You have to remove that half of the kitchen. It sounds kind of unbelievable to us but
there is, in that ordinance, no out for them in that circumstance. I want an ordinance here that
isn’t going to rely entirely on the reasonableness of one individual but language in an ordinance
where someone says, I choose to go on route B and replace thi.s 25 inch trunk of the tree with 25
one-inch saplings around the yard or around Palo Alto. That’s what I’m hoping we can put in
here.
Mr. Dockter: If I could respond to that. The new language in the amended
provides relief for that circumstance. It will now read, if the tree is
meaning if the trunk or the main branches are against the
pushing against the foundation it actually allows me
circumstances. Frankly, I have been in circumstances that
the exact reason you cited that the prior language needs
Even at that point I was not able to make findings that ~e
homeowner was showing me in four years it is going my
that this language speaks to the building footprint
trees that are right there in the footprint and avoid
actually
footprint
and it is
under these
to
the
he fact
the removal of specific
occurred in Carmel.
Chairman Byrd: Jon, are your comments
Or are you bring up the larger issue of
hatch and make it exceedingly expensive,
ratio, but are you suggesting that if the
tree regardless of whether or not it
substantial mitigation?
Commissioner Schink: If I
a heritage tree in his
he
would
and
!’S
proposed tonight?
contain an escape
very large replacement
to take down a heritage
are willing to ante up on
homeowner the option that if he had
value of $100,000, if he wanted to
could put in his swimming P0ol or whatever
I think ultimately would be the fairest approach. And
That’s what I’d like to see in this language here.
that
this,would
of what can
at a situation
if they
asses
was supporting Jon’s concept I wasn’t quite supporting
this much further myself but for Council when they read
wiggle room._ So that instead of having a fairly rigorous_~:
be done, that there be some subjective allowance, to allow Staff
ay what may be generally appropriate given some other consideration.
$100,000 to lop of a limb, that might appropriate. Just some kind
that allows flexibility with some in lieu effort by the applicant..
up one other point and that is to respond to your comment about the flexibility
revised ordinance to take care of the situation Jon talked about. Are you talking
about what is on page two here or is there some different part that you are referring to that allows
that?
City of Palo Alto Page 18
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Mr. Dockter: Two areas of flexibility. One is on page two. The other is the language about the
subdivision which is C, on page three.
Commissioner Beecham: Let me stop you then. In thinking simply of an R-1 not a subdivision,
at least the way I read what is on page two, it talks about a tree can’t be removed unless the trunk
is within the footprint. In Jon’s example, if you’ve got a limb sticking through a window, I don’t
see how that would qualify.
Ms. Furth: With respect, if you have a limb that’s coming through
City of Palo Alto ordinance, that is an imminent threat to erty.
is removable under our existing ordinance.
the existing
damaged it, it
Commissioner Beecham: That’s fine then, thank you.
Ms. Furth: In addition, if yqu are talking about
to do that unless that limb constitutes more than a fourth
contemplate is being able to buy a substitute. The
age, size and quality that they cannot be replaced.
Commissioner Schink: Just one last point on
how many years of growth will it take for
you are going
What the ordinance does not
that these trees are of an
will one of these trees,
a heritage tree?
Mr. Dockter: It has to reach 11-1/2
Commissioner Schink:
Mr.would
at the 10
Is that
years on the growing conditions but you’d be
Commk,
protected oak
and
support that 20 years. I have about half a dozen
20-25 years ago. They’ve had no specific care
to move forward, so I move Staff approval.
C~Bialson ’I1 second that.
~irman Byrd:a discussion? Seeing none.All those in favor? (ayes)Opposed? That
lchink: I would just say I think the report was well done and I feel much more
comfortable that we could talk through all of these issues. I get a lot of comfort out of knowing
that we’ve got a good record for anyone else long into the future who may have administer these
things.
City of Palo Alto Page 19