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HomeMy WebLinkAbout2001-01-22 City Council (9)City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND 0 COMMUNITY ENVIRONMENT DATE: SUBJECT: JANUARY 22, 2001 CMR: 112: 01 REVISION OF ORDINANCE 4362, THE TREE PRESERVATION AND MANAGEMENT REGULATIONS RECOMMENDATION Staff recommends that Council include redwood trees in an update to existing Ordinance 4362, the Tree Preservation and Management Regulations, Palo Alto Municipal Code (PAMC) Chapter 8.10 (See Attachment A). BACKGROUND In 1996, the City Council enacted Ordinance No. 4362 (see Attachment B), effective on January 1, 1997 in order to protect specified native oak trees from removal, except in certain circumstances. This was codified in PAMC Chapter 8.10. On September 11, 2000, City Council directed staff to study Ordinance No. 4362 and make recommendations about whether or not to include protectionof other species, including coast.redwoods. Council direction was given for the following reasons: Preservation of native coast redwood trees is important to the City of Palo Alto for many reasons, including but not limited to conservation of the aesthetic and scenic beauty of the City, and furtherance of the public health and safety by aiding in the reduction of pollution, provision of shade, and absorption of rainwater, among other things. Redwood trees have a special role in Palo Alto’s history due to the original "El Palo Alto" redwood serving as a regional landmark. The City Seal includes a redwood tree as its central focus. Moreover, redwood trees are planted widely in Palo Alto so that virtually every neighborhood has been and can be impacted by the removal of large redwoods. CMR: 112:01 P, age 1 of 6 On October 10, 2000, City Council considered and ultimately did not pass an Urgency Redwood Ordinance and instead directed staff to return to Council by the end of January 2001 with recommendations about including redwoods on the list of protected trees in the City. The Council also directed staff to conduct community outreach so that residents and business owners would be aware of potential changes to the existing ordinance. DISCUSSION The City Attorney has drafted an ordinance (see Attachment A) that is consistent with .Council’s October 10, 2000 direction. Section 8.10.020, Definitions, of Chapter 8.10 of the Palo Alto Municipal Code would be amended to add redwoods to the definition bf "Protected Tree". Specifically, "protected tree" would have the additional definition, "Any Redwood tree (species Sequoia sempervirens) that is eighteen inches in diameter (fifty-seven inches in circumference) or more when measured four and one-half feet (fifty- four inches) above natural grade." Community Outreach and Input During the past three months, staff has reviewed the existing tree ordinance, reviewed tree ordinances from other cities, consulted with the Public Works Managing Arborist and conducted an extensive community outreach program (see Attachment D). The public outreach program consisted of a web page update; e-mail account; community forum; two mailings to over 180 professionals,, neighborhood associations, realtors, residents and interested individuals; flyers; and media advertising. Numerous responses were received from all venues. Staff has also kept record of tree complaints, construction impacts and related department comments. There was general support from the public for expanding the tree ordinance. Comments from the 103 people that responded to the public outreach program are summarized below: Ninety percent (93 responses) were in favor of expanding the ordinance (in addition to the current two species of oaks). Less than eight percent (eight responses) were against expanding the ordinance, objecting primarily to restricted use of their property. One percent (two responses) were miscellaneous or were not directly relevant to tree preservation. While expanding the ordinance to include redwoods was strongly supported by the public outreach program, adding other species to the ordinance was supported by a much smaller number of respondents. Of those infavor of expanding the ordinance, fifty-eight percent (54 responses) favored adding redwoods only and thirty-one percent (29 responses) favored adding other species to the existing ordinance (most of these responses were general in content and. did not specify whether or not an expansion should include redwoods or other types or sizes of trees). Of the comments received from CMR:112:01 Page 2 of 6 residents and business owners in favor of expanding the ordinance to other species, most of the input was more general in the approach to protect "large trees" overall. ~ Additional Staff Comments In addition to the comments made by the general public, Staff has identified the need to- add to or clarify sections of the existing ordinance. The first of these sections would be to include an exception for crowded situations. In some instances, protected trees grow in crowded or clustered conditions, which can be detrimental to the health or structure of other protected trees. In such a case, the City review process would include the discretion to allow removal of a protected tree, if such conditions warrant that removal. There was general support for this concept when it was discussed at the community forum. During the past three years that the ordinance has been in effect, staff has encountered several instances where this discretion would have been beneficial for an adjoining protected tree or for the density of trees thatthe lot would support. This addition would become a part of Section 8.10.050, Prohibited Acts. Staff also recommends changing Section 8.10.020 Definitions, of Chapter 8.10 of the Palo Alto Municipal Code clarifying three areas that may otherwise be confusing and adding one definition. The reference to "building footprint" in Section 8.10.020(b) does not specify whether it means the existing or a proposed building footprint and may result in confusing site planning where a protected tree is involved. Staff recommends adding the word "existing" to clarify the intent. Also,. in order to conform to national industry standard terminology, the term "dangerous" (Section 8.10.020(c) would be replaced with "hazardous". The definition of "dripline area" (Section 8.10.020(g)) should be gauged from the perimeter of the tree trunk instead of the center of the tree for more accurate and consistent measurement in the field. A definition "basal flare" could be added to identify the part of the tree that most commonly interferes with a building foundation. Staff further’ recommends changing Section 8.10.050 Prohibited Acts, of Chapter 8.10 of the Palo Alto Municipal Code corresponding to three areas. The first change would be to include the provision allowing removal of a protected tree that is crowding or detrimental to an adjacent protected tree. The second change would be to add language that indicates a tree cannot be removed unless "the trunk of the protected tree is within the building footprint,..". Staff wishes to clarify this by indicating when the "trunk is touching the existing building or the basal flare is touching or under the CMR: 112:01 Page 3 of 6 footprint of the existing building...". The third change would add the word "existing" before ’building footprint’. An alternative ordinance has been prepared by the city attorney which includes the Supplemental Staff Recommendations (See Attachment C). Potential to add other species to the list of protected trees Staffs review of ordinances from 25 other cities (see Attachment E) interviews with various administrators led to the following conclusions: and personal ¯Nine communities regulate a small number of selective species that have particular regional importance. 14 communities regulate all species over a certain diameter. Two mentioned that they risk an increase in violations because property owners do not apply for removal permits or contractors do not-inform clients of tree removal permit requirements to avoid bureaucracy. .Two communities with limited staff resources that regulate all species indicated that they have trouble keeping up with the application permit process, in addition to their other duties. Although 14. surveyed communities regulate all specimen trees, those cities commit considerable staff resources to administer their programs .with mixed results. For example, the staff of Mountain View and Los Gatos, which regulate all species, states that the equivalent of one full-time position is currently assigned to implementing the tree ordinance, in addition to other duties, but both cities acknowledge the ongoing use of additional staff. Menlo Park currently approves over 80 removals and processes over 100 applications per year, which requires the equivalent of one full-time staff member. ¯Redwood City, which requires review for removals and pruning of protected trees, commits one full-time position and one part-time inspector to the permit process. Given the experience of other cities, and the fact that the current Palo Alto Tree Ordinance provides for protection of large or significant trees through a Heritage Tree designation, staff does not recommend adding other species to the list of protected trees. In addition to the Heritage Tree provision, the discretionary review process protects significant trees through the use of Architectural Review Board standards for review. Giving Notice of. Tree Removal Approvals Community input indicated a benefit to informing the neighboring property owners that the tree would soon be removed. Such notice is given by seven of the 25 cities surveyed. The notice is typically posted on site visible to the public for a certain number of days to ascertain if there is a protest to the tree removal. Options for giving notice included: the CMR:112:01 Page 4 of 6 applicant mailing the notice to adjacent property owners, City staff posting the tree, the City mailing notice to property__owners within 300 feet of the subject property, and holding a public hearing. Staff do~s not recommend this notice requirement in Palo Alto because the instances where an approval would be granted are limited to those situations where the protected tree is dead, dying, hazardous or crowding another protected tree. The tree removal would be a benefit to all concerned parties and should not be delayed. RESOURCE IMPACT Although the addition of redwood trees to the Tree Protection Ordinance will require additional staff time to process removal applications and plan .review for development projects existing staff .can incorporate this work into the existing work program by reorganization of work responsibilities and the assistance of an intern that is already helping the Division with various planning tasks. The existing protected tree removal application and records management fee set within the current fee schedule will recover the associated review costs. If, however, Council adds additional species or all species of trees over a certain size to the list of protected trees or adds a noticing requirement, the program will be over and above existing staff capacity and additional resources will be needed to respond to the increased workload. POLICY IMPLICATIONS The recommended action would be consistent with existing City Policy N-17 and overall Urban Forest Goal N-3 and associated objectives. , TIMELINE If approved, the ordinance will take effect on March 5, 2000. ENVIRONMENTAL REVIEW The Heritage Tree action is 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 the designation will have a significant effect on the environment. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Proposed Amendment to Tree Preservation Ordinance Existing Tree Preservation Ordinance No. 4362 Supplemental Tree Preservation Ordinance Community Outreach Program Peer City Survey CMR:112:01 Page 5 of 6 PREPARED BY: Dave Dockter, Managing Arborist, Planning Division DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: Director of Planning and Community Environment Assistant City Manager C.MR: 112:01 Page 6 of 6 Attachment A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 8.10 OFTHE PALO ALTO MUNICIPAL CODE TO ADD REDWOOD TREES THAT ARE EIGHTEEN INCHES OR LARGER AT FIFTY-FOUR INCHES ABOVE GRADE TO PROTECTED TREES TO BE PRESERVED AND PROTECTED follows: The City Council of the City of Palo Alto does ordain as SECTION I. Findinqs. The Council finds and declares that: A.Since 1997, the City of Palo Alto has protected and preserved native oak trees pursuant to the Tree Protection Ordinance,Palo Alto Municipal Code Chapter 8.10. B.The City’s Department of Planning & Community Environment has actively studied amendment of the Tree Protection Ordinance to include a broader variety of tree species. C.Redwood trees have a special role in Palo Alto’s history due to the original "El Palo Alto" Redwood serving as a regional landmark. The City Seal includes a Redwood tree as its central focus.. Redwood trees are among the tallest in the City. Moreover, Redwood trees are planted widely in Palo Alto so that virtually every neighborhood has. been and can be impacted by the removal of large Redwoods. SECTION 2. Section 8.10.020 of Chapter 8.10 of the Palo Alto Municipal Code is hereby amended to read.as follows: "8.10.020 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) parcel: "Building area" means that area of a (i) Upon which, under applicable zoning regulations, a structure may be built without a variance, design enhancement exception,or home improvement exception; or 010104 syn 0090758 1 (2) Necessary for construction of primary access to structures located on or to be constructed on the parcel, where there exists no feasible means of accesswhich would avoid protected trees. On single- family residential parcels, the port~on 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 ona horizontal, plane at ground level. (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 City approval or which involves excavation, landscaping or construction within the dripline area of a protected tree. (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. (h) "Excessive pruning" means removal of more than 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. 010104 syn 0090758 2 (i) "Protected tree" means: (i) Any tree of the species Quercus 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) Any Redwood tree (species Sequoia sempervirens) that is eiqhteen inches in diameter (fifty-seven inches in circumference) or more when measured four and one-half feet (fifty-four inches) above natural qrade. (3) A heritage tree designated 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. (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." 010104 syn 0090758 SECTION 3. 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. SECTION 4. This ordinance shall be effective on the commencement of the thirty-first day after the.day of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager City Attorney Director of Planning and Community Environment 010104 syn 0090758 Attachment B ORDINANCE NO. 4362 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 8.10 TO TITLE 8 OF THE PALO ALTO MUNICIPAL CODE REGARDING TREE PRESERVATION AND MANAGEMENT REGULATIONS The Council of the City of Palo Alto does ORDAIN as follows: SECTION_ l_.__~he_CJty CounciLfJndsas_foilows:. (a) The City of Palo Alto is endowed and forested by native oaks and other heritage trees, which give the City a unique visual character and enhance property values. The vestiges of the original abundant oak forest so well adapted to much of this region, are increasingly threatened after more than a century of development, Preservation 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 all residents. Preservation of these trees is important for the following reasons: of the City; (1)To protect and conserve the aesthetic and scenic beauty (2) (3) To encourage and assure quality development; To protect the environment of the city; (4) To aid in the reduction of air pollution by protecting the known capacity of trees to produce oxygen and ingest carbon dioxide; (5)To help reduce potential damage from wind; (6)To provide shade; (7)To protect property values; (8)To act as a noise barrier; and (9)To assist in the absorption of rainwater into the ground, thereby protecting against potential damages from soil erosion and flooding, as well as reducing the cost of handling storm water by artificial means. (b) In order to promote the health, safety, and general welfare of the residents of the City, while recognizing the interests of the 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. Palo Alto Municipal Code, Chapter 8.10, Overview of Findings Tree Preservation and Management Regulations Chapter 8.10 q.."~EE PRESERVATION AND MANAGEMENT REGULATIONS* Sections: 8.10.010 8.10.020 8.10.030 Purpose. Definitions. Tree Technical Manual. 8.10.040 Disclosure of information regarding eXisting trees. 8.10.050 Prohibited acts. 8.10.060 No limitation of authority under Titles.16 and 18. 8.10.070 Care of protected trees. 8.10.080 Development conditions. 8.10.090 Designation of heritage trees. 8.10.100 Responsibility for enforcement. 8.10.110 Enforcement - Remedies for Violation. 8.10.120 Fees. 8.10.130 S everability. 8.10.140 Appeals. " Editor’s Note: Prior Ordinance History: Section 2 of Ord. 4362 was previously codified herein, and was not specifically repealed by adoption of Ord. 4568.I 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. (Ord. 4568 § 1 (part), 1999) 8.10.020 Definitions. For the purposes of this chapter, the following definitions shall apply: (a)"Building area" means that area of a parcel: (1)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 to 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 me~ured on a horizontal plane at ground level. (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 city approval or which involves excavation, landscaping or construction within the dripline areaof a protected tree. (e) "Director" means the director of planning and community environment or his or her desi~ee. (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. (h) "Excessive pruning" means removal of more than 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. (i)"Protected tree" means: (1)Any tree of the species Quercus 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 designated by the city council in accordance with the provisions of this chapter. (j)"Remove" means any of the following: (1)Complete removal, such as cutting to the ground or extraction, of a tree; (2).Taking any action foreseeably leading to the death of a tree or permanen( damage to its health; including but not limited to excessive pruning, cutting, girdling, poisoning, overwatering, unauthorized relocation or tr. ansportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree. (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. (1) "Tree report" means a report prepared by an arborist certified by the International Society of Arboriculture or another nationally recognized tree research, care, and presen, ation organization. (m) "Tree Technical Manual" means the regulations issued by the city manager to implement this chapter. (Ord. 4568 § 1 (part), 1999) 8.10.030 Tree Technical Manual. The city manager, through the departments of public works and planning and community environment, shall issue regulations necessary for implementation of this chapter, which shall be known as the Tree Technical Manual. The Tree Technical Manual will be made readily available to the public and shall include, but need not be limited to, standards and specifications regarding: (a)Protection of trees during construction; (b)Replacement of trees allowed to be removed pursuant to this chapter; (c)Maintenance of protected trees (including but not limited to pruning, irrigation, and protection from disease); (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. (Ord. 4568 § 1 (part), 1999) 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 adjacentproperty 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. (Ord. 4568 § 1 (part), 1999) 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, protected trees shall not be removed unless determined by the director of planning and community environment, on the basis of a tree ~:eport prepared by a certified arborist for the applicant and 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, or the director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and 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. (2) . If no building footprint exists~ protected trees shall not be removed unless the trunk of the tree is located in the building area, or the director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and 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. (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 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 Manual. (c) 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 me~ures 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); (19) and (c) of this section, protected trees shall not be removed unless one of the following applies: (1) The director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and 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 accordance with the standards in the Tree Technical Manual. (Ord. 4568 § 1 (part), 1999) 8.10.060 No limitation of authority under Titles 16 and 18. Nothing in this chapter limits or modifies the existing anthodty 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. (Ord. 4568 § 1 (part), 1999) 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 trees. (Ord. 4568 § 1 (part), 1999) 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. (b) It shall be a violation of this chapter for any property owner or agent of the owner to fail to comply with any development approval condition concerning preservation, protection, and maintenance of any tree, including but not limited to protected trees. (Ord. 4568 § 1 (part), 1999) (1) (3) significance. (c) 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: It is an outstanding specimen of a desirable species; It is one of the largest or oldest trees in Palo Alto; It possesses distinctive form, size, age, location, and/or historical 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 originate in the same manner as nomination for heritage tree designation. (Ord. 4568 § 1 (part), 1999) 8.10.100 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. (Oral. 4568 § 1 (part), 1999) 8.10.110 Enforcement - Remedies for Violation. In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the city for violation of this chapter: (a)Stop Work - Temporary Moratorium.- (1)If a violation occurs during development, the city may issue a stop work -~order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building 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 ~d 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 to exceed eighteen months from the date the violation occurred. The purpose of 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. (1)As part of a civil action brought by the city, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a ¯ civil penalty in an amount not to exceed 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 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 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 overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees. (Ord. 4568 § 1 (part), 1999) 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. (Ord. 4568 § 1 (part), 1999) 8.10.130 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 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 severablel (Ord. 4568§ 1 (part), 1999) 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. (Ord. 4568 § 1 (part), 1999) Attachment C ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 8.10 OF THE PALO ALTO MUNICIPAL CODE TO DEFINE CERTAIN REDWOOD TREES AS PROTECTED TREES TO BE PRESERVED AND PROTECTED, PERMITTING THE REMOVAL OF PROTECTED TREES THAT DAMAGE OTHER PROTECTED TREES, AND MODIFYING CERTAIN DEFINITIONS The City Council of the City of Palo Alto does ordain as follows: SECTION i. Findings. The Council. finds and declares that: A.Since ~997, the City of Palo Alto has protected, and preserved native, oak trees pursuant to the Tree Protection Ordinance,Palo Alto Municipal Code Chapter 8.10. B.The City’s Department of Planning & Community Environment has actively studied amendment of the Tree Protection Ordinance to include a broader Variety of tree species. C.Redwood trees have a special role in Palo Alto’s history due to the original ~EI Palo Alto" Redwood serving as a regional landmark. The City Seal includes a Redwood tree as its central focus. Redwood trees are among the tallest in the City. Moreover, Redwood trees are planted widely in Palo Alto so that virtually every neighborhood has been and can be impacted by the removal of large Redwoods. D.The City’s present system of measuring distances from trees should be modified to permit measurement from the edge of a tree instead of the center. E.The City’s present definition of building footprint areas within which a protected tree may be removed should be clarified by making explicit that it only refers to the footprints of existing buildings. The City’s ordinance should also be amended to permit removal of protected trees when the basal flare is within the building footprint. F.The City’s ordinance should be amended to permit removal of a protected tree when it is detrimental to the continued growth and health of. another protected tree. 010116 syn 0090759 SECTION 2. Section 8.10.020 of Chapter 8.10 of the Palo Alto Municipal Code is hereby amended to read as follows: 8.10.020 Definitions. For the purposes of.this Chapter, the following definitions shall apply: (a)’~asal flare" means that portion of a tree where there is a rapid increase in diameter at the confluence of the trunk and rootcrown. "Building area’~ 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 to structures located on or tobe 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. (~_c) "Building footprint" means the two-dimensional configuration of an existinq building’s perimeter boundaries as ¯ measured on-a horizontal plane at ground level. (e~_) "Dan@erous Hazardous" means an imminent hazard or threat to the safety of persons or property. (4~) "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 City approval or which involves excavation, landscaping or construction within the dripline area .of a protected tree. (e~) "Director" means the director of planning and community environment or his or her designee. (~_) "Discretionary development approval" means planned community zone, subdivision, use permit, variance, home improvement exception, design enhancement exception, or architectural review board approval. (q~) "Dripline area" means the area within X distance from the perimeter of the trunk of the tree at four and one-half OlOlI6 syn 0090759 feet (fifty-four inches) above natural grad~, ~,~~ ~,LL~--^~ ~ 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. (~_i) "Excessive pruning" means removal-of more than one- fourth of the functioning leaf and stem area of a tree. in ahy twelve-month period, or removal of foliage so as to cause the unbal~.ncing of a tree. "Protected tree" means: (I)Any tree of the species Quercus agrifolia (Coast Live Oak) or Quercus lobata (Valley Oak) whichis 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) Any Redwood tree (species Sequoia sempervirens) that is eiqhteen inches in diameter (fifty-seven inches in circumference) or more when measured four and one-half feet (fifty- four inches) above natural qrade. (~_3) A heritage tree designated by the City Council 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 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. (~_i) "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. (~) "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. 010116 syn 0090759 SECTION 3. Section 8.10.050 of Chapter 8.10 of the Palo ..61to Municipal code is amended to read as follows: :D.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, 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 the applicant and other~ relevant ~information, that the tree should be removed because it is dead, is hazardous, is a detriment to or crowding an adjacent protected tree, 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 o__r basal flare of the protected tree is touching or within the building footprint, or the director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, is hazardous, is a detriment to or crowding an adjacent protected tree, or constitutes a nuisance under Section 8.04.050(2) of this code. (2) If no building footprint exists, protected trees shall not be removed unless the trunk.of the tree is located in the building area, or the director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, is hazardous, is a detriment to or crowdin~ an adjacent protected tree, or constitutes a nuisance under Section 8.04.050(2) of this code. (3)¯ If removal is allowed because the tree trunk is located in the building footprint, or the trunk or basal flare is in the building area, or because the director of planning and community environment has determined that the tree is so close to the building area that construction would result in the death of the 010116 syn 0090759 tree, the tree removed shall be replaced in accordance with the standards in the Tree Technical Manual. (c) 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 Tre~ Technical Manual. Tree preservation and protection measures tor 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), (b) and (c) of this section, protected trees shall not be removed unless one of the following applies: (I) The director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and 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 accordance with the standards in the Tree Technical Manual. SECTION 4. The City Council finds that this project is exempt from the provisions of the Environmental Quality Act ("CEQW’) because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment. // // // // // 010116 syn 0090759 SECTION 5. This ordinance shall be effective on the, commencement of the thirty-first day after the day of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Mayor City Manager Director of Planning and Community Environment 010116 syn 0090759 Attachment D Tree Preservation Ordinance Update. Public Information Flyer November 6, 2000 The City of Palo Alto is in the process of updating its Tree Preservation Ordinance (Title 8.10 of the Municipal Code) over the next two months. The impetus for the Update is to consider the inclusion o’f redwoods as protected trees as well as to make the ordinance more adaptable to unique or hardship situations. The Update process will include identification of issues of concern to the public and other users of the Ordinance; staff research and review and City Council policy direction prior to final adoption. Opportunities for public participation in the form of a community forum and public hearings, as well as regular postings on he City’s web page, will be integral to the processl Public comments are welcome throughout the process. Some key elements of changes to the Protection Ordinance may be: ¯ Add Coast Redwood (Sequoia sempervirens) 18" diameter (57" circumference) or more when measured 54 inches above natural grade to definitions of protected tree ¯In addition to circumstances allowing removal in Ordinance 4263, redwoods may be removed if they are a detriment to or are crowding an adjacent protected tree. ¯Removal of all protected trees may be allowed under unusual circumstances. Some key elements of the existing Tree Preservation Ordinance: ¯ Trees currently protected are Valley Oaks and Coast Live Oaks, as well.as "heritage" trees designated by the City Council with the consent of property owner ¯The ordinance requires certain information about existing trees to be submitted with applications for building and other permits ¯Removal of the listed types of trees ("protected trees") would be prohibited unless the following circumstances exist: The tree is dead, dangerous, or a public nuisance The tree is located within the building footprint or permitted building area if no structure exists (without variances) for single family home construction or expansion For projects other than single family residences, retention of the tree would reduce the otherwise allowed building area by more than 25% Replacement of removed protected trees is required in most development circumstances Owners of protected trees are required to follow certain standards for maintenance and protection during construction activity Under certain circumstances, a single family homeowner may be allowed to deviate from setback or other development standards if necessary to protect a tree Timeline Access to the tree preservation Ordinance is available online at www.city.palo-alto.ca.us under Featured Sites. Your comments on this study are appreciated and may be directed to the Department of Planning and Community Environment, City of Palo Alto, 250 Hamilton Ave., Palo Alto 94306 or by calling (650) 329-2441. We can also be contacted via email at treeordupdate@city.palo-alto.ca.us. Please contact us by November 30, 2000 if you have comments or questions. Please share this information with others who may be interested. THE CITY OF PALO ALTO COMMUNITY FORUM December 12, 2000 5.’00 to 7.’30 PM | 5:00 AGENDA Welcome and Introductions Lisa Grote II.Overview of the Tree Preservation Ordinance Dave Dockter 5:35 III.Possible changes to the Ordinance Lisa Grote Community Discussion Dave Dockter 6:35 Topics 2. 3. 4. 5. Expansion to other species- pro’s & con’s Shortcomings of the existing ordinance Noticing - pro’s & con’s Exceptions or hardships What other communities have done Summary Lisa & Dave Notes: 7:00 VI.Adjourn Mo~es community Forum ~ ".Forthe.Tree Prese~’vation Please ~oln us to discuss the future of Palo Alto’s Tree Preservation Ordinance at a -~ com~uojty.forum The forum will provide residents and interested person the opportunity to give input and ask questions of City staff regarding the. existing ordinance, changes, adding redwoods as protected trees as well as to make the ordinance more adaptable to unique or hardship situations. Tuesday, December :12, 2000 5:00-7:30pm Fireside Room ¯ Lucle Stern Community center 1305 Middlefield Road, Palo Alto Facilitators: Lisa Grote & Dave Dockter " For Information: 329-2441 Webslte: www.city.pal~alto.ca.us/featuredsltes Email: treeordupdate@city.palo-alto.ca,us - ~.! .....~~~’~ . .~¯ ~.~_~_ Dept. of Planning and Community Environment Date Revised 12/12/00 Proj. Manager: Dave Dock~er Proj. Coordinator: M. Kondo Murray City Atherton Berkeley Burlingame Campbell Carmel by the Sea Cupertino Hillsborough private Size & Species of Protected Trees Any Tree-15.3" Coast Live Oak - 5.7" Any Tree-15.3" Any Tree-12" Location of DBH* Measurement 48"above grade 48"above grade 54’,above grade 48"above grade 54" above gradePines-6" Monterey Cypress-6" Oak-6" Redwood -6" . Any Tree (that can grow taller than 25’)-10" *st=single trunk, mt=multi-trunk Oak-10"st,20"mt Buckeye-10"st,20"mt Acer mac-12"st,25"mt Deodar Cedaro12"st,25"mt Blue Atlas Cedar-12"st,25"mt 54"above grade Replanting or Special Requirements Replace w/3ol 5 gal trees or 2-24" box size or 1-15 gal + 1-36" box size N/A Replace w/3-15 gal trees or 2-24" box size, or 2-36" box size landscape trees, or equal payment. Depends on removed type: 12"-24": 1-24" box 24"+: 1-36" box "Heritable tree": 1-48" box NIA N/A Responsible Department / Contacts Phone Number Building Department / Kathline (650) 752-0500 *Average 5 per week Department of Parks & Waterfront Forestry Division (51 O) 644-6566 Parks & Trees Dept., Karline (650) 558-7330 Planning Department (408) 866-2140 Dept. of Forest, Parks, & Beach (831) 624-3543 Planning Division (408) 777-3308 *About 1 issued every two weeks. Any Tree-12"54" above grade N/A -.Kathy Lerou (650) 375-7407 *DBH = trunk diameter taken at 54" above natural grade, or unless noted otherwise.1 of 4 Dept. of Planning and Community Environment Date Revised 12/12/00 Proj. Manager: Dave Dockter Proj. Coordinator: M. Kondo Murray City improved lot vacant lot Los Altos Los Altos Hills Los Gatos private zoning approval reqd. vacant/undeveloped C, O, Ind. properties Menlo Park Monte Sereno Mountain View Size & Species of Protected Trees Any Tree-36" An~/Tree-12" Any on non-R-1 property Any on undeveloped property Oaks, Redwood, Sycamore, Ba~,, Laurel-15.3" Oaks-12" Any Tree-12" Multi-trunked, total dia. = 24" Any Tree-4" Any Tree-4" ’ An~/Tree-4" Any Tree-24" An~/in a "group of trees" Any Tree-8" Oaks-6.4" Redwoods-6.4" Any 3+ trees proposed to be removed from any parcel within a 12-month period. Location of DBH* Measurement 54" above grade 54" above grade 48"above grade 48"above grade 36"above grade 48" above grade 48"above grade 48"above grade 48" above grade Replanting or Special Requirements Replace w/equivalent tree(s) or cash payment of double replace- ment fee. City manager may require up to, 5 replants for Oaks. Replacement of 1+ trees (size & number determined by Director of Parks), or payment of replace- ment cost. N/A N/A Responsible Department / Contacts Phone Number Planning Department (650) 948-2790 Planning Department (650) 941-7222 ext. 223 Dept. of Parks & Forestry Superintendent: John laquinto (408) 399-5774 Parks & Trees Dept. / Walter Fuji (650)-858-3492 "114 issued per )/r. (not inc. rmv. from devt.) Assistant City Planner Any Tree-15.3" Oaks-3.8" 54"above grade N/A Andrea Chelemgos (408) 354-7635 x16 Department of Community Development Parks/Trees (650)903-6326 *DBH = trunk diameter taken at 54" above natural grade, or unless noted otherwise.2 of 4 Dept. of Planning and Community Environment Date Revised 12112/00 Proj. Manager: Dave Dockf.er ’ Proj. Coordinator: M. Kondo Murray ,City Oakland Palo Alto Pleasanton Portola Valley Redwood City San Jose Size & Species of Protected Trees Redwood-3.8" Cedar-3.8" Coast Live Oak-4" Any Tree-9" (excluding Monterey Pine and Eucal~/ptus) Coast Live Oak-11.5" Valley Oak-11.5" Any Tree-17.5" Any Tree of height >= 35’ Any in a "group of trees" oak:s-11.5" Blue Oak-7.6" Redwood-17.2" Doug Fir-17.2" Acer mac-7.6" Madrone-7.6" Ba~/Laurel-11.5" Location of DBH* Measurement 54" above grade 54" above grade 54" above grade 54" above grade 54" above grade 36" above grade 24" above grade 54" above grade 54" above grade 24" above grade 24" above grade 36" above 9rade Replanting or .Special Requirements Replacement tree and/or fee not to exceed value of tree(s) illegally removed. Replacement of the tree is required. Prior to permit issue - must post $5,000 deposit to be held as ~nsurance for 1 year. Requre payment of appraised amount or $5,000 Planting of a native tree off the native plant list. Tree will be ~lanted at or near original plant location. Responsible Department / Contacts Phone Number Department of Parks & Recreation Trees Section, Tree Supervisor I Daniel Gallagher or Emmie Green (510) 615-5850 Department of Planning & Comm. Env’t Planning Division Arborist, Dave Dockter (650)617-3145 Planning & Community Dev. Landscape Architect, Mike Fulford (925)931-5672 Department of Planning & Building Planning Coordinator Leslie Lambert (650)851-1700 x12 Any Tree-12" Multi-trunked, total dia. = 36" 3" - 36" above ground 48" above ground N/A Must pay $5,000 per damaged or Department of Public Works City Arborist, Bob Mullins (650)780-7407 City Planning Department *DBH = trunk diameter taken at 54" above natural grade, or unless noted otherwise.3 of 4 Dept. of Planning and Community Environment Date Revised 12/12/00 Proj. Manager: Dave Dockter Proj.Coordinator: M. Kondo Murray City San Mateo Santa Cruz Santa Clara Santa Rosa Saratoga Sunnyvale Size & Species of Protected Trees Any Tree-18" Native-10" Any Tree-16" Any Tree-16" Any Tree-14" None OaksL18" " Valley Oak, Blue Oak-6" Redwood-24" Bay-24" Madrona-12" Buckeye-6" Douglas Fir-24" Red or White Aider-18" Big Leaf Maple-24" Any Tree-12.7" Oaks-10.2" Any Tree-12" Location of DBH* Measurement 24" above grade 48" above grade 48"above grade 48"above 9rade 54"above grade None 54" above grade 24"above grade 48"above grade Replanting or Special Requirements removed tree. Replace w/15 gal or 24" box size tree, or payment of equal value Payment for replacement and mitigation None ;City may require replacing or moving tree as condition of approval. If illegal removal, must replace w/ four trees of same genus & species of min. 15 gal size, or as deemed appropriate by the Director. Planting of 1+ trees of same type/ value, or double cash payment. Planting of street trees as condition of approval. Replacement trees or mitigation fees may be required by Director of Community Development Responsible Department/Contacts Phone Number (408)277-4576 *About 10 issued per week Department of Parks & Recreation (650) 522-7420 Parks & Recreation Dept. (831)420-5030 Street Department . (408) 984-3080 Department of Community Development Planning Division (707) 543-3223 Department of Community Development Planning Division (408) 868-1222 Planning Division / Paul Spence (408) 730-7440 *7 issued per week *DBH = trunk diameter taken at 54" above natural grade, or unless noted otherwise.4 of 4