HomeMy WebLinkAbout2000-10-10 City Council (9)TO:
City of Palo Alto
C ty Manager’s Report
17
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
OCTOBER 10, 2000 CMR:385:00
SUPPLEMENTAL STAFF RECOMMENDATIONS FOR THE
URGENCY REDWOOD TREE PROTECTION ORDINANCE
RECOMMENDATION
Staff recommends that Council adopt supplemental recommendations for the Urgency
Redwood Tree Ordinance (see Attachment A). The ordinance is intended to insure the
protection of coast redwood trees, the trunks of which are eighteen inches in diameter or
larger when measured fifty-four inches above grade, to take effect immediately until
December 31, 2000. Council must approve the ordinance by a four-fifths vote. The
Council’s decision must be based upon facts and circumstances that tend to show the need
for immediate action.
BACKGROUND
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.
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.
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. On September 11, 2000, City Council directed staff to study
ordinance No. 4362 and make recommendations to include protection of other species,
CMR:385:00 Page 1 of 5
including coast redwoods that provide great significance to the community. The City’s
Department of Planning & Community Environment is reviewing the Tree Protection
Ordinance to determine whether a broader variety of tree species should be included.
The study is expected to be completed by December 31, 2000.
DISCUSSION
Since staff formally began collecting resident complaints in May of 2000, seventy-five
entries were documented (see Attachment C). Of these, thirty-one complaints (nearly
half) were concerned with redwood tree removals and nineteen noted other species in
jeopardy. Forty-three residents requested that the ordinance be appended to include
redwoods or other species. Staff investigated seventeen peer cities and learned that most
communities regulate all trees over a certain diameter (see Attachment D). A few
indicate a small number of selective species.
It is very likely that coast redwoods will be recommended to be added to the Tree
Protection Ordinance following the Planning Department study. 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.
It is necessary for the preservation of the public health and safety to enact an emergency
ordinance imposing restrictions on the removal of certain redwood trees while the
Planning Department completes its study of the possible addition of tree species to the
Tree Protection Ordinance. Palo Alto continues to experience many single-family home
demolitions, with attendant lot clearing and tree removal. The pending Planning Study
will tend to encourage hasty and unnecessary removal of redwood trees by property
owners wishing to avoid the unknown effect of future ordinance amendments.
The City Attorney has drafted an ordinance that staff recommends as being consistent
with Council’s 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 of "Protected
Tree."
(i) "Protected tree" means:
(1)Any tree of the species Quercus agrifolia (Coast Live Oak) or
Quereus 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.
CMR:385:00 Page 2 of 5
.(3)Until January 1, 2001, .. 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 (l~.f.~.. -.four inches) above natural.grade.
Supplemental Recommendations
In addition to responding to Council’s direction, staff advises that the Urgency Ordinance
include supplemental elements that will help staff help assist the public adjust to the
changed law. Staff recommends the following:
In many instances, redwoods grow in crowded or clustered conditions, which
can be detrimental to the health of other protected trees. In such a case, the
City review process should include the discretion to allow removal of the
offending redwood if warranted. The attached Urgency Ordinance with
Supplemental Staff Recommendations is written to apply this discretion only to
coast redwood trees, and not to other protected trees.
Staff would recommend applying the urgency ordinance to development
applications submitted to the City after September 18, 2000.
Staff recommends that Section 8.10.050 Prohibited Acts, of Chapter 8.10 of the Palo Alto
Municipal Code be amended to read as follows:
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 report prepared by a certified arborist for the applicant and other
relevant information, that the tree should be removed because it is dead, dangerous,
constitutes a nuisance .under Section 8.04.050(2) of this code , and in the case of
redwoods, is a detriment to or crowding of an adjacent protected redwood tree.
(b) In the case of development on a single family residential lot, other than in
connection with a subdivision including those redwoods in subdivision applications:
(1) 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, constitutes a nuisance under Section
8.04.050(2) of this code, and in the case of redwoods~ is a detriment to or crowding of
an adjacent protected redwood tree.
(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
CMR:385:00 Page 3 of 5
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, constitutes a nuisance under Section
8.04.050(2) of this code ~... and in the case ol~ redwoods, is a detriment to or crowdin~ of
an adiacent protected redwood tree.
RESOURCE IMPACT
The addition of redwood trees to the Tree Protection Ordinance of necessity will entail
additional staff processing of removal applications and plan review for development
projects. While the existing protected tree removal application and records management
fee set within the current fee schedule will recover the associated costs, staffs ability to
process increased workload over and above existing capacity will be monitored and
reported in recommendations to Council in the forthcoming Planning Department study.
In general, the staff of Mountain View and Los Gatos estimates that approximately the
equivalent of one full-time position is currently assigned to implementing their tree
ordinance. Menlo Park currently approves over 120 removals and processes nearly 200
applications per year, the equivalent of one full time staff.
POLICY IMPLICATIONS
The recommended action would continue to promote the pattern for other Heritage Tree
designations and is also consistent with existing City policies and overall urban forest
goals and objectives.
TIMELINE
Being adopted by motion, the ordinance will take effect immediately and shall cease to
have force and effect on January 1,2001.
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:Urgency Ordinance with Supplemental Staff Recommendations
Attachment B:Tree Preservation Ordinance No. 4362
Attachment C:Tree Complaint Data
Attachment D:Peer City Survey
CMR:385:00 Page 4 of 5
PREPARED BY: Dave Dockter, Managing Arborist, Planning Division
DEPARTMENT HEAD REVIEW:
G. EDWARD GA~
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:385:00 Page 5 of 5
Attachment A
follows:
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
PROHIBITING THE REMOVAL OF REDWOOD TREES THAT ARE
EIGHTEEN INCHES IN DIAMETER OR LARGER MEASURED
FIFTY-FOUR INCHES ABOVE GRADE AND DECLARING THE
URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY
The City Council of the City of Palo Alto does ordain as
SECTION I. Findings. 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 De~partment of Planning & Community
Environment has been actively studying expansion of the tree
Protection Ordinance to include a broader variety of tree species.
C.It is very likely that Redwood trees will be added
to the Tree Protection Ordinance following the Planning Department
study. 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. 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.It is necessary for the preservation of the public
health and safety to enact an emergency ordinance imposing
restrictions on the removal of certain Redwood trees while the
Planning Department completes its study of the possible addition of
tree species to the Tree Protection Ordinance. Palo Alto continues
to experience an extraordinarily high number of single-family home
demolitions, with attendant lot clearing and tree removal. The
pending Planning Study will tend to encourage hasty and unnecessary
removal of Redwood trees by property owners wishing to avoid the
unknown effect of future ordinance amendments.
SECTION 2. Section 8.10.020 of Chap%er 8.10 of the Palo
Alto Municipal Code is hereby amended to read as follows:
001005 sdl 0052595
8.10.020 Definitions.
For the purposes of this chapter, the following definitions
shall apply:
(a "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 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 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
001005 sd10052595
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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-
fou}th 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:
(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) A heritage tree designated by the City Council in
accordance with the provisions of this chapter.
(3) Until January 1, 2001, 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.
(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
001005 sd10052595
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nationally recognized tree ~esearch,
organization.
care,and preservation
(m) "Tree Technical Manual" means the regulations issued
by the city manager to implement this chapter.
SECTION 3. Section 8.10.050 of Chapter 8.10 of the Palo
Alto Municipal .Code is hereby amended to read as follows:
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
se’ction:
(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,
dangerous, or constitutes a nuisance under Section 8’.04.050(2) of
this code=and in the case of redwoods,, is a detriment to or
crowding of an adjacent protected redwood tree.
(b) In the case of development on a single family residential
lot, other than in connection with a subdivision including those
redwoods in subdivision applications:
(I) Protected trees shall not be removed unless the trunk o~
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=, and in the case of
redwoods, is a detriment to or crowding of an adjacent protected
redwood tree.
(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
001005 sd10052595
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~and in the case of redwoods, is a detriment to or
’crowding of an adjacent protected redwood tree.
(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 measures for any lot that is created by a proposed
subdivision of land shall comply with the regulatfons 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.
001005 sd! 0052595
5
SECTION 4. The Council finds that this project is exempt
from the provisions of the Environmental Quality Act (~CEQA")
because it can be seen with certainty that there is no possibility
that this project will have a significant effect on the
environment, and because this ordinance falls within the emergency
project exception to CEQA set forth in Section 15268 of the CEQA
Guidelines.
SECTION 5. Effective Date and Applicability.
This ordinance shall be effective immediately upon adoption
and shall cease to have force and effect on January i,
2001. The provisions of this ordinance shall not apply to
any development for which an application for a building
permit, demolition permit, or discretionary development
approval is on file in the Department of Planning and
Community Environment as of September 18, 2000."
This ordinance was introduced at a regular meeting of the
Council of the City of Palo Alto on Monday, October i0, 2000, and
was passed by a four-fifths vote of all Council members present at
the meeting as follows:
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
City Attorney
001005 sdl 0052595
6
Mayor
City Manager
Director of Planning and
Community Environment
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 1.The.City Council finds as follows:
(a) The City of Palo Alto is endowed and forested by native oaks and
other heritage trees, which give the City a unique visual character and enhance property
values. The vestiges of the original abundant oak forest so well adapted to much of this
region, are increasingly threatened after more than a century of development,
Preservation 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)To encourage and assure quality development;
(3)To protect the environment of the city;
(4) .To aid in the reduction of air pollution by protecting the
known capacity of trees to produce oxygen and ingest carbon dioxide;
(5)To help reduce potential 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 crf Findings Tree Preservation and Management Regulations
Chapter 8.10 TREE PRESERVATION AND
MANAGEMENT REGULATIONS*
Sections:
8.10.010
8.10.020
8.10.030
8.10.040
8.10.050
8.10.060
8.10.070
8.10.080
8.10.090
8.10.100
8.10.110
8.10.120
8.10.130
8.10.140
Purpose.
Definitions.
Tree Technical Manual.
Disclosure of information regarding existing trees.
Prohibited acts.
No limitation of authority under Titles 16 and 18.
Care of protected trees.
Development conditions.
Designation of heritage trees.
Responsibility for enforcement.
Enforcement - Remedies for Violation.
Fees.
Severability.
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.
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, ~he 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 buiIding area under this para~aph (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 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, landscapi .ng 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.
(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 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.
(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 preser;iation organization.
(m) ’ "Tree Technical Manual" means the regulations issued by the city manager
to implement this chapter.
(Ord, 4568 § i (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
punic 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) D~sclosure 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.
(Oral. 4558 § 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
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.
(b) In the case of development on a single family residential lot, other than in
connection with a subdivision:
(1) 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, dangerou.s, 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
det.errnined that the tree is so close to the building area that construction would result {n
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 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), (b) 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 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.
(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.
(Oral. 4568 § 1 (part), 1999)
(1)
(2)
(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 punic works and planning
and community environment.
(d) Once designated, a heritage tree shall be subject to the provisions ofthis
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.
(Ord. 4568 § i (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 amitigation plan has been flied 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 propei-ty or at locations approved by the director
of planning and community an.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 shal! be at a greater ratio than that required where
tree removal is permitted pursuant to the provisions of this chapter.
(2) K 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
d~velopment 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 oppor[unity 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 remova! 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.
(Oral. 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 tgereof 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 axe declared
to be severable.
(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)
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