HomeMy WebLinkAboutStaff Report 14355
City of Palo Alto (ID # 14355)
City Council Staff Report
Meeting Date: 6/6/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: Adoption of an Ordinance Amending Title 8 of the PAMC to Expand
Tree Protection to Include Additional Protected Tree Species, Revise Grounds
for Tree Removal, and Make Clarifying Changes and Amending Titles 2, 9, and
18 to make Clerical Updates
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council adopt the proposed changes to Palo Alto Municipal Code
amending Chapter 8.04 (Street Trees, Shrubs, and Plants); Chapter 8.08 (Weed Abatement);
Chapter 8.10 (Tree Preservation and Management Regulations); and Chapter 2.25 (Parks and
Recreation Commission); and Making Clerical Changes to Chapter 9.56 (Abatement of
Nuisances) and Title 18 (Zoning) of the Palo Alto Municipal Code.
Executive Summary
Title 8 of Palo Alto Municipal Code (PAMC) contains regulations governing street trees, shrubs
and plants (Chapter 8.04), weed abatement (Chapter 8.08), and tree preservation and
management (Chapter 8.10).
These updates focus on implementation of Council-approved policies contained in the 2030
Comprehensive Plan (Natural Environment Chapter), and the Urban Forest Master Plan.
Additional code updates include changes prompted by State law, specifically Executive Order B-
29-15, also known as the Model Water Efficient Landscape Ordinance. Changes range from
significant policy changes, like expanding the types of protected trees and revising allowances
for tree removal, to more clerical updates, like updating authorized officers and accounting for
recent changes in other development-related codes.
The ordinance (Attachment A) incorporates changes proposed by both the Policy and Services
Committee and City Council as well as from feedback received through public meetings.
A number of ordinance changes and staff resource impacts are described in this report’s
Discussion and Resource Impact sections, but the most significant items in terms of Council’s
policy decision and impacts on property owners are the following:
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Expanded definition of protected trees
The proposed ordinance expands the protected tree definition by adding four additional native
species to the existing list of three species, and adding any tree, other than high water users,
with a diameter at breast height larger than fifteen inches. Staff estimates that a relatively
small number of trees would become protected due to adding the four additional native
species, but that the number of newly protected trees due to the fifteen-inch diameter criterion
would be approximately 140,000. Overall the population of protected private trees is estimated
to increase by about 175 percent, from 82,000 to 224,000.
Removal of protected trees
The proposed ordinance describes the criteria for allowing removal of protected trees outside a
development process and for different types of development processes. Outside of
development, the ordinance addresses concerns raised by residents that the existing ordinance
precluded removal of protected trees that were negatively impacting accessory dwelling units
and parking garages. The proposed ordinance allows removals for trees damaging the
foundations or eaves of residences and covered parking facilities required by the Zoning Code.
For removal relating to a development project, requirements are generally more stringent. For
example, projects would be required to show that there is no financially feasible alternative
that would preserve the tree, with financial feasibility defined as less than twice the
replacement value of the tree or 10 percent of the project’s valuation, whichever is greater. For
projects involving subdivision of land, removal of protected trees would only be allowed to
provide necessary access to the parcels or if removal was needed to repair a geologic hazard.
Overall, the combination of a significantly increased number of protected trees with more
restrictive removal provisions during development is expected to preserve more trees but make
development more challenging when trees are present.
Maintenance of protected trees
Property owners who are having a protected tree pruned will be required to post a notice on
the property visible to the public that includes the tree pruning standards, tree information,
date of the work, and a contact phone number. The posting will be required at least seven days
prior to the pruning work. The existing ordinance does not contain requirements for posting
regarding tree maintenance.
Notification and appeal process for protected tree removal
The proposed ordinance creates new posting requirements for proposed protected tree
removals, and an appeals process when removals are approved. The current ordinance only
allows for appeals by an applicant and does not include notification requirements. Notices to
owners and residents within 300 feet, on the property visible to the public, and on the City’s
website, would be required upon submittal of an application for protected tree removal, and
upon approval or denial of the application. The notices would be required to include a
description of the protected tree and urban forestry contact information. For proposed tree
removals in the absence of development, owners or residents of properties within 600 feet
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could appeal the urban forester’s decision through a public hearing by the director of public
works, and the director of public works’ determination could be appealed to City Council. An
appeals process already exists for development projects.
Staffing resources needed to implement proposed ordinance
Adoption of the proposed ordinance would significantly increase staff resources needed for
development plan review, tree removal permit review, violations investigation, and
enforcement. Staff analyzed the expected increases in workload and is recommending addition
of 2.48 Full Time Equivalency (FTE) employees: 1.0 FTE Project Manager, 1.0 FTE Building
Planning Technician, and 0.48 FTE hourly Staff Specialist. The annual cost for these positions is
estimated to be approximately $300,000. It is anticipated that revenues from increase fee
revenues would ultimately offset about 50 percent of the ongoing cost. If Council approves this
report’s recommendations, staff will include these positions as part of the adoption of the Fiscal
Year 2023 Operating Budget.
Background
The City’s tree protection ordinance was first added to the Palo Alto Municipal Code in 1951.
Native oak trees were added as protected tree species in 1996 and preservation and
management requirements for private protected trees was included in 1999. The addition of
Redwoods to the list of protected tree species in 2001 was the last substantive update.
In 2015, the City adopted the Urban Forest Master Plan (UFMP). This plan contains many goals
and policies that work to sustain and enhance Palo Alto’s Urban Forest. Many of the policies
and goals listed in the UFMP are also tied to sustainability efforts contained in the 2030
Comprehensive plan and the Sustainability/Climate Action Plan. The current Title 8 of PAMC
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pre-dates these documents by many years. UFMP policy 6.C directs staff to review the City’s
Tree Protection Ordinance to ensure that it is aligned with the goals of the UFMP.
Prior City Reviews & Public Meetings on Proposed Updated Ordinance
Planning & Transportation
Commission:
September 12th, 2018 - Study session (CMR 9478) at the Planning
and Transportation Commission (PTC)
Policy & Services
Committee:
August 10th, 2021 - Policy and Services Committee (PSC) (CMR
12213) for review and feedback, recommendation to City Council
included below.
City Council: October 18th, 2021 - Draft ordinance and the Policy & Services
recommendation went before Council (CMR 13513). Motion
directing staff included below.
Community Meeting April 6th, 2022 – Draft ordinance with Council recommendations
from 10/18 presented to the public for feedback. (Presentation)
Architecture Review
Board:
April 21st, 2022 - Draft ordinance with Council recommendations
from 10/18 presented to the board for feedback.
Parks & Recreation
Commission
April 26th, 2022 - Draft ordinance with Council recommendations
from 10/18 presented to the commission for feedback.
The process of updating this ordinance began with a study session (CMR 9478) at the Planning
and Transportation Commission (PTC) meeting on September 12, 2018. The changes proposed
in the report included an expansion of protected trees to include all Palo Alto locally native tree
species with a trunk diameter size greater than 11.5 inches and all other tree species with trunk
diameter size greater than 36 inches. Currently, Redwoods with trunks of 18 inches in diameter
or larger and Oaks (Valley Oak and Coast Live Oak) with trunks of 11.5 inches in diameter or
larger are protected under PAMC.
Staff continued to work on the draft ordinance, and on August 10, 2021 it was brought to the
Policy and Services Committee (CMR 12213) for review and feedback. The committee
recommended that City Council:
1. Accept the redline changes to the Tree Ordinance including the “errata” presented by the
resident “ad-hoc” group (Jeff Greenfield, Winter Dellenbach, Karen Holman, and Doria
Summa);
2. Direct Staff to update redline section 8.10.055 (previously 8.10.050(e) 'Tree
Replacement') to include a 36-month building moratorium consistent with the staff
report recommendation to, "Consider adding additional restrictions for initiating
planning or development review after an approved protected tree removal in the
absence of (proposed) development";
3. Accept the recommended Ordinance changes in the staff report to sections
8.04.050(a)(1), 8.10.010, and 8.10.040(b);
4. Direct Staff to make associated changes required in other code sections chapters to
provide clarity and eliminate conflicting or circuitous language, such as:
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a. Delete language in 18.78.010(a) referring to 8.10.140;
5. Evaluate and consider the reallocation within the budget for the position of Urban
Forester to Assistant Director level in the Public Works Department;
6. Discuss and direct Staff on the role of the Parks and Recreation Commission (PRC)
serving as a community forum for urban forestry issues, and advising City Council on
matters related to the Urban Forest Master Plan (UFMP) and other appropriate activities
of the Urban Forestry (UF) section;
7. Policy and Services recommends that Staff forward our recommendations to the Council
for consideration in September; and
8. Direct Staff to explore possible tree planting incentives and programs for the public, as
well as providing information accessible to the public regarding the nature of tree
species, growth, and other parameters.
The draft ordinance and the Policy and Services recommendation then went before Council at
the October 18, 2021 meeting (CMR 13513). During that meeting Council provided direction via
the following motion:
A. Accept the Policy and Services motion and recommendations and incorporate them into
the updated ordinance;
B. Evaluate the redlines regarding tree replacement and the removal of protected trees,
which were sent in today for inclusion from the AdHoc Resident group;
C. Evaluate and return with an option to modify the definition of protected trees 8.10.020.j
(3) to include any tree at least 15” in diameter;
D. Return no later than April 2022 with an ordinance for City Council review and approval;
E. Return with a recommendation on the elevation of Urban Forester as part of the budget
process;
F. Explore Policy and Services’ recommendation #8 on the incentives for tree planting and
other issues, such as review of appeals process when there is no construction proposed,
review impacts of neighboring trees, outlying structures and other concerns (e.g., fire
protection and tree watering during a drought) with further amendments if needed after
April 2022;
G. Expand the prioritization of native and drought tolerant tree use in the Tree Technical
Manual and ordinance for replacement of trees;
H. Direct Staff to formalize a role in the Parks and Recreation Commission on Urban
Forestry issues; and
I. Direct Staff to conduct further public outreach with the appropriate Boards and
Commissions.
Discussion
Ordinance
The following sections describe the content-related updates included in the proposed
ordinance. Proposed changes to formatting, technical writing, and style changes are included in
the proposed ordinance but are not listed here.
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Chapter 8.04 PUBLIC TREES, SHRUBS, HEDGES, AND PLANTS
Changes to this chapter include the addition of a Chapter purpose statement, an expanded list
of authorized officers, and updated definitions. Since the last ordinance update in 2001, new
staff positions have been created, notably the position of Urban Forester who is primarily
responsible for the administration of Title 8.
Sections 8.04.020, 8.04.030, & 8.04.040 – Public tree permit process
These sections have been updated to clarify when a public tree care permit is needed, the
process of applying, and the conditions required for approval.
Section 8.04.070 Enforcement
This section has been updated to clarify what types of penalties can be applied when violations
of the ordinance occur. The list of employees authorized to issue these violations was also
updated. The following types of Penalties are included in the updated ordinance:
• Administrative penalties
• Civil penalties
• Stop work actions and development moratoriums
Chapter 8.08 WEED ABATEMENT
Fire prevention is one impetus for the weed abatement requirements defined in Chapter 8.08.
More intense fires have prompted new regulations for vegetation management from the State
of California. Hence, expanded authority is recommended for Palo Alto’s authorized officers.
Weed abatement and management regulations are also designed to combat the introduction
and spread of invasive plants which may increase fire intensity or detract from native habitat.
Proposed changes in this section include the addition of a Chapter purpose statement, allow for
more authority by the Fire Marshal and Urban Forester to address weed abatement and include
updates to the definition of weeds.
Section 8.08.010 - Weeds as public nuisance
Specific proposed changes to section include:
• Addition of parkland to the list of public places
• Expansion to the definition of “weeds” to include:
o “(3) Plants, shrubs, and trees determined by the Fire Marshal to constitute a fire
menace due to their species, proximity to ignition sources, and high potential to
endanger nearby buildings;”
o “(5) Exotic and invasive plants having high potential to invade adjacent
properties and high ecological impacts in the region as defined by the California
Invasive Plant Council;”
Additional proposed revisions in Chapter 8.08 specify the positions of “Fire Marshal” and
“Urban Forester” as authorized officers for purposes of enforcement.
Chapter 8.10 TREE PRESERVATION AND MANAGEMENT REGULATIONS
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Proposed changes to this chapter include a revision to the Chapter purpose statement, an
expansion of the types of protected trees covered by this ordinance, changes related to
ongoing sustainability efforts, and changes concerning tree preservation during development.
Section 8.10.020 – Definitions
There are several important updates to the definitions section in Chapter 8.10.
8.10.020 (d) - Introduction of a Designated Arborist system
The City will create and maintain a list of qualified, certified, and selected arborists. The intent
of this new system is to ensure that any arborists used by applicants for development projects
are qualified and are familiar with City requirements. These arborists would likely be selected
through an application process and the resulting list will be used by applicants to hire for all
arborist related items connected with development applications. These items may include:
• Completion of tree disclosure statements
• Submission of tree preservation reports
• Submission of hazard assessments or arborist reports
• Current draft specifies that applicant selects and hires arborist unless the project is one
that requires a hearing; in those cases the City will select the arborist and bill the
applicant
An uncodified section of the ordinance provides that until the City produces a list of designated
arborists, any licensed arborist may perform these functions.
8.10.020 (j) – Expansion and clarification of Excessive Pruning definition
Changes to the definition of excessive pruning include:
• Inclusion of roots in the standard 25% definition
• Revision of time window from 12 to 24 months
• Separation of oak roots from main definition; now pruning of 15% or more in a 36-
month period considered excessive for protected oak species
8.10.020 (l) – Definition of Protected Trees
The proposed ordinance update expands the list of protected trees based on species from the
existing three native protected species (Valley Oak, Coast Live Oak & Coast Redwood) to a total
of seven native species. In addition, all trees over 15” in diameter at breast/standard height
(DBH) would be protected, excluding invasive species as defined by the California Invasive Plant
Council (Cal-IPC), and high water users as defined by the Department of Water Resources
(DWR) Water Use Classification of Landscape Species (WULCOS) list. This is anticipated to
result in nearly three times as many trees being designated as protected trees.
Species proposed protected at 11.5” DBH:
• Acer macrophyllum (Bigleaf Maple)
• Calocedrus decurrens (Incense Cedar)
• Quercus agrifolia (Coast Live Oak)
• Quercus douglasii (Blue Oak)
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• Quercus kelloggii (California Black Oak)
• Quercus lobata (Valley Oak)
Species protected at 18” DBH:
• Sequoia sempervirens (Coast Redwood)
Proposed protected species at 15” DBH:
• includes all species not listed above except:
o Invasive species per Cal-IPC
o High Water Users per WUCOLS (Excluding Redwood)
Other protected tree categories:
• Any tree designated for protection during review and approval of a development project
• Any tree designated for carbon sequestration and storage and/or for environmental
mitigation purposes
• Any replacement mitigation tree or other tree designated to be planted due to the
conditions listed in this ordinance
Expanding the types of protected trees as defined in Section 8.10.020 would assist the City in
achieving goals and benchmarks contained in the Sustainability/Climate Action Plan (Natural
Environment Element), 2030 Comprehensive Plan (Natural Environment Chapter), and the
Urban Forest Master Plan. However, it could also have significant impacts on development
activity.
Section 8.10.030 - Tree and Landscape Technical Manual
The California Model Water Efficient Landscape Ordinance (MWELO) prompted the creation of
a Tree and Landscape Technical Manual to replace the existing Tree Technical Manual. This new
policy document will function in a similar fashion with the addition of landscape technical
requirements so that newly installed landscape meets sustainability, water conservation, and
other goals. The purposes of the manual are to provide developers clear guidelines about
required submissions to obtain permits, describe design and construction principles that meet
City policies, and reference best practices. The new Tree and Landscape Technical Manual will
be finalized once the changes to Title 8 are approved by Council.
The proposed ordinance includes clarification on the City’s priorities when replacement trees
are required.
1. Prioritize the use of locally native species, as listed in Section 8.10.020(l)(1), consistent
with Urban Forest Master Plan Goal 2: “Re-generated native woodland and riparian
landscapes as the key ecological basis of the urban forest with focus on native species
and habitat;”
2. Include climate adaptive, drought tolerant, non-native species as needed to satisfy right
tree in the right place principles; and
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3. Incorporate a secondary goal of net tree canopy increase on the property within 15
years.
Section 8.10.040 - Disclosure of information regarding existing trees
Proposed changes clarify what trees must be disclosed when seeking development approval.
The biggest change to this section is the requirement that the disclosure statement be
completed by a designated arborist. Additionally, for non-protected tree disclosure the
proposed update includes the phrase “within thirty feet of proposed building footprint”.
Section 8.10.050 - Removal of protected trees.
The proposed changes in this section are intended to clarify under what circumstances a
protected tree may be removed and what mitigation measures (if any) will apply to each
situation type. The section has been re-organized into several categories where a protected
tree may be removed. These categories now include:
• Protected tree removal outside the development process
• As part of development on a low-density residential lot (previously limited to single-
family zoning)
• As part of a project with a subdivision of land
• As part of any other project requiring planning approval by the City
• Any circumstances other than those listed above
• Removal where necessary to comply with minimum development provisions of state law
Allowances for removal have been changed to encompass situations not covered by current
ordinance. A list of allowances per each removal category are as follows:
• Allowable reasons for removal outside the development process:
o The tree is dead, hazardous or a nuisance
o The tree is a detriment to or is crowding an adjacent protected tree, or is
impacting the foundation or eaves of a residence or any covered parking
required under Title 18.
o Trees removed under this category may trigger a 36-month development
moratorium. Mitigation measures would be required to lift the moratorium
early.
• Allowable reasons for removal as part of development on a low-density residential lot:
o The tree is dead, hazardous or a nuisance
o The tree is a detriment to or is crowding an adjacent protected tree, or is
impacting the foundation or eaves of a residence or any covered parking
required under Title 18.
o The tree is so close to the proposed development that construction would result
in the death of the tree, and there is no financially feasible design alternative
that would permit preservation of the tree.
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▪ A financially feasible alternative is one that preserves the tree without
increasing project cost by more than twice the replacement value of the
tree or 10% of the given project valuation, whichever is greater.
▪ This provision replaces existing language that allows tree removal when
the trunk of the tree is within the buildable area.
• Allowable reasons for removal as part of a project with a subdivision of land:
o The tree is dead, hazardous or a nuisance
o Removal is unavoidable due to restricted access to the property or deemed
necessary to repair a geologic hazard
• Allowable reasons for removal as part of any other project requiring discretionary
approval by the City:
o Retention of the tree would result in reduction of the otherwise-permissible
buildable area of the lot by more than 25%, and there is no financially feasible
design alternative that would permit preservation of the tree
o The tree should be removed because it is dead, hazardous, or a nuisance. In such
cases, the dripline area of the removed tree, or an equivalent area on the site,
shall be preserved for mitigation purposes from development of any structure
Section 8.10.070 - Care of protected trees
Changes in this section include:
• Expansion of list of actions that may negatively impact protected trees
• Requirement for owners of a protected tree to notify the City and publicly post their
intent to work on a protected tree seven days in advance of work
Section 8.10.140 - Applications, Notice, and Appeals
This section was updated and re-organized to include details on the process of protected tree
removal.
• Clarification of application process
• Introduction of detailed notification requirements
o Notice posting on property, on city website and by mail to addresses within 300
ft
o Notice required both when applying to remove a protected tree and again once
a decision is made
• Clarification of when appeals process used in chapter 18.78 applies.
• Creation of a Public Works Department appeals pathway for tree removal permits in the
absence of development.
Additional Items From October 18, 2021 Council Direction
In addition to the guidance directly related to the current proposed ordinance, Council directed
staff at the October 18, 2021 meeting to address three additional items. These items and their
status are described below.
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Motion Item E. - Return with a recommendation on the elevation of Urban Forester as part of
the budget process.
Public Works is currently coordinating with the Human Resources Department and its
consultant on an evaluation of the Urban Forester position and its placement within the
Public Works organizational chart. Additionally, a salary benchmarking study planned by
the Human Resources Department for this year will include the Urban Forester position.
Motion Item F. - Explore Policy and Services’ recommendation #8 on the incentives for tree
planting and other issues, such as review of appeals process when there is no construction
proposed, review impacts of neighboring trees, outlying structures and other concerns (e.g.,
fire protection and tree watering during a drought) with further amendments if needed after
April 2022.
Several of the specific items included in motion item F have been addressed in the
proposed ordinance. The appeals process for protected tree removals in the absence of
development has been revised and updated. Impacts to structures such as accessory
dwelling units and required covered parking have been addressed by modifying the
language in 8.10.050 (b). Remaining items will be reviewed and evaluated for possible
inclusion in future ordinance updates or through program implementation.
Motion Item H. - Direct Staff to formalize a role in the Parks and Recreation Commission on
Urban Forestry issues.
This motion item was
completed in January 2022.
Urban forestry staff and the
Parks and Recreation
subcommittee drafted a
guidance document allowing
the Parks and Recreation
Commission to serve as a
public forum venue for urban
forestry issues. This
framework has been reviewed
and approved by the Public
Works Department, the
Community Services
Department, and the Parks
and Recreation Commission.
An update to the wording included in the Parks and Recreation Commission charter
(PAMC - Chapter 2.25 Parks and Recreation Commission) is included in the ordinance to
support this effort.
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Resource Impact
The proposed ordinance will add additional duties and responsibilities to the City’s Urban
Forestry staff, which is currently short several positions due to vacant authorized positions.
Public Works is currently in the recruitment process to fill two vacancies for Urban Forestry
field staff and for a recently vacated Urban Forestry Project Manager position.
Development review for Urban Forestry has also been impacted by the discontinuance of a
professional services contract that previously provided Urban Forestry plan check, development
review, and inspection services. This discontinuance was based in part on confidential advice
from the City Attorney’s Office.These services are currently being provided to the public by
existing urban forestry staff. The additional plan check, development review, and inspection
duties placed on urban forestry staff have negatively impacted service delivery for regular
urban forestry programs and capacity for implementation of the Urban Forest Master Plan.
Planning and Development Review
The expansion of protected trees would increase the staff resources needed to review and
inspect various types of planning applications and development permits. Under the existing
ordinance approximately 45% of all planning applications are routed to Urban Forestry for
review. While staff does not expect this percentage to change dramatically, the increased
density of protected trees is expected to lead to a minor increase in planning application
routing percentage.
Under the existing ordinance, approximately 10% of all building permit applications subject to
submitting tree disclosure information are routed for Urban Forestry review. Staff anticipates a
dramatic increase in routing to Urban Forestry for all types of building permits that are subject
to submitting tree disclosure information. This expected increase is directly related to the
increase in number of protected trees (as noted about is estimated to increase three times
from current levels).
In an effort to understand and quantify the potential impact of expanding the definition of a
protected tree, staff explored various methods to estimate both the current number of
protected trees under the existing ordinance, and to estimate the total number of protected
trees under the new ordinance.
Previous attempts at estimating a total number of urban trees or creating an accurate species
distribution for the entire urban forest were limited by the use of only public street tree data. A
recent review of development applications over the last two full fiscal years yielded a useable
dataset of over 5,000 private trees. When combined with private tree data already in the City’s
possession, a dataset of almost 10,500 private trees was available to use as a representative
sample. Using an average of several calculation methods contained in the 2017 California Urban
Forest Study by Greg McPherson, (McPherson G.E., 2017. The structure, function, and value of
urban forests in California communities. Urban Forestry & Urban Greening 28 (2017) 43-53) we
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can estimate that the total tree population of the Palo Alto urban forest is approximately
600,000 trees1. This excludes open space areas.
Using the species and size distribution contained in the sample data we were able to construct
the following estimates.
Total Urban Forest Tree Estimates
Total Trees Estimate (excluding WUI area) 600,000
All Private Proposed Protected trees based on total trees #
Species Count %
COAST LIVE OAK =/> 11.5 DBH 35,580 5.93%
VALLEY OAK =/> 11.5 DBH 5,640 0.94%
REDWOOD =/> 18" DBH 40,500 6.75%
BIG LEAF MAPLE =/> 11.5" DBH 60 0.01%
INCENSE CEDAR =/> 11.5" DBH 1,860 0.31%
BLUE OAK =/> 11.5" DBH 240 0.04%
CA BLACK OAK =/> 11.5" DBH 60 0.01%
ALL OTHERS =/> 15" (Minus CalIPC/WULCOS) 140,160 23.36%
New Total 224,100 37.35%
Old Total 81,720 13.62%
This analysis predicts a nearly 3-fold increase in the total number of protected trees under the
updated ordinance definition. Staff anticipates that many properties that would previously have
submitted tree disclosure statements but were subsequently exempt from Urban Forestry
review will now be routed to Urban Forestry. Staff anticipates an increase under the updated
ordinance from about 240 Urban Forestry routed permits to over 650 permits annually.
Violations Investigation and Enforcement
In addition to development review, enforcement and violation investigation may become more
complex and time consuming with the addition of species and individual trees that are newly
protected. The Urban Forestry Section does not currently have an employee assigned to
enforcement or violation investigation. Existing staff in the positions of Project Manager and
Urban Forester handle these cases as time allows.
Staffing Needed for Updated Ordinance
Existing staffing levels for the Urban Forestry Section are not adequate to cover the present
workload related to the existing tree ordinance. Fully staffed, the section is made up of 7.0 Tree
1 Estimates of tree numbers are subject to multiple sources of uncertainty. Measurement and sampling error
influence the accuracy of estimates from plot data. In the study used as a basis for these calculations, standard
errors are 1–5% of estimates
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Trimmer / Line Clearers (2 vacant), 2.0 Tree Maintenance Specialists, 1.0 Tree Trimmer Leads,
2.0 Project Managers (1 vacant), 1.0 Landscape Architects, and 1.0 Urban Forestry Manager
positions. Of those positions, only the Landscape Architect and a portion of one Project
Manager are regularly assigned to development review related job duties. Current staff has no
additional capacity to handle an increase in development reviews, inspections, or enforcement
such as is anticipated from the adoption of the new ordinance recommended in this report.
Urban Forestry staff are often hard pressed to complete reviews in a timely fashion under the
current workload. Historically, an Urban Forestry staff member or Urban Forestry contract plan
review employee has been available to respond to applicant questions during Urban Forestry
counter hours in the Development Center. This service has not been offered since the
professional services contract for Urban Forestry plan check, development review, and
inspection services was discontinued.
Staff used existing review time estimates for each permit type as well as historical routing
information to estimate the staffing needs for Urban Forestry post ordinance adoption. Based
on this analysis, the estimated total additional staffing need for the Urban Forestry Section is
2.65 FTE.
Staff recommends adding a 1.00 FTE Project Manager position, a 1.00 FTE Building Planning
Technician position, and a 0.48 FTE hourly Staff Specialist position This combination of positions
would enable Urban Forestry staff to handle the increased workload anticipated from
regulations contained in the new ordinance and to be adaptable and responsive to any changes
in ordinance related workload over time. Based on experience with the new ordinance, staff
may recommend further staffing changes in the future.
If approved, these positions would be primarily responsible for the following ordinance related
job duties:
• The Building Planning Technician would help staff Urban Forestry counter hours at the
Development Center, assist the existing Landscape Architect position with planning
application review and building permit review, conduct onsite inspections for tree
protection, assist with tree ordinance violations investigation and enforcement, conduct
tree posting field verification, and process and review protected tree removal permits.
• The Project Manager position would assist the existing Landscape Architect position
with planning application review and building permit review as needed, conduct onsite
inspections for tree protection and for Urban Forestry final inspections, lead tree
ordinance violations investigation and enforcement, process and review protected tree
removal permits, assist the Urban Forester with implementation of Tree Protection
Ordinance regulations and Urban Forest Master Plan programs and policies, and help
staff Urban Forestry counter hours at the Development Center when needed.
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• The Staff Specialist would help staff Urban Forestry counter hours at the Development
Center, conduct onsite inspections for tree protection, assist with tree ordinance
violations investigation and enforcement, conduct tree posting field verification, and
assist with the processing and review protected tree removal permits.
If the additional Urban Forestry positions recommended in this report are not approved, staff
anticipates that most of the regulations contained in the proposed ordinance could not be fully
implemented or properly enforced. Service delivery for existing Urban Forestry programs would
be negatively impacted as staff would lack the capacity to address the increased workload
resulting from the updated ordinance, and staff would be unable to properly review the
anticipated increase volume of project applications.
The cost allocation for the recommended three new positions would follow that of other Urban
Forestry staff, split between Public Works and Planning Development Services. Staff estimates
the total cost for adding the three positions listed above (2.48 FTE) to be approximately
$300,000 ongoing. A portion of the cost of these positions will be recovered through the
municipal fees charged for various types of planning applications and development permits.
If Council approves the changes to the Tree Ordinance recommended in this memorandum, the
addition of the 2.48 FTE positions and associated $300,000 expense will be included as part of
the Adoption of the Fiscal Year 2023 Operating Budget, currently scheduled for June 20, 2022.
City of Palo Alto Page 16
The changes will also include appropriate updates to the Table of Organization and associated
increases to fee revenue to partially offset the cost of these positions. It is anticipated that
approximately 50 percent of the expense for the positions would ultimately be offset by fee
revenue, although adjustments to certain fees may be needed to ensure such revenues are
realized.
Policy Implications
The proposed title 8 ordinance changes will assist with meeting the following goals and
objectives from these related policy documents.
Sustainability/Climate Action Plan (Natural Environment Element)
• GOALS
o Restore and enhance resilience and biodiversity of our natural environment
o Increase tree canopy to 40% city-wide coverage by 2030
• KEY ACTIONS
o Explore programs and policies that use Palo Alto’s public and private natural
capital (e.g., canopy, soils, watersheds) to provide carbon sequestration and
other environmental benefits
o Evaluate and modify plant palette selection in project plans to maximize
biodiversity and soil health to adapt to the changing climate, and incorporate
buffers for existing natural ecosystems
o Coordinate implementation of the Urban Forest Master Plan, Parks Master Plan,
and other city-wide functions through interdepartmental collaboration of the
City’s internal Sustainability Leadership Team
o Expand the requirements of the Water Efficient Landscape Ordinance (WELO) to
increase native and drought-tolerant species composition.
o Ensure No Net Tree Canopy Loss for all projects
2030 Comprehensive Plan (Natural Environment Chapter)
• Policy N-1.2 Maintain a network of parks and urban forest from the urban center to the
foothills and Baylands that provide ecological benefits and access to nature for all
residents.
• Policy N-1.3 Program N-1.3.2 Provide information and support programs that encourage
residents to enhance their private yards with native plant species and low impact
landscaping.
• Policy N-2.2 Use the UFMP, as periodically amended, to guide City decisions related to
all elements of Palo Alto’s urban forest, from its understory habitat to canopy cover.
o Program N-2.2.1 Periodically update the UFMP and Tree Protection Ordinance to
ensure policies and regulations set leading standards for tree health practices.
• Policy N-2.3 Enhance the ecological resilience of the urban forest by increasing and
diversifying native species in the public right-of-way, protecting the health of soils and
understory vegetation, encouraging property owners to do the same and discouraging
the planting of invasive species.
City of Palo Alto Page 17
• Policy N-2.6 Improve the overall distribution of citywide canopy cover, so that
neighborhoods in all areas of Palo Alto enjoy the benefits of a healthy urban canopy.
• Policy N-2.9 Minimize removal of, and damage to, trees due to construction-related
activities such as trenching, excavation, soil compacting and release of toxins.
o Program N-2.9.1 Increase awareness, severity and enforcement of penalties for
tree damage.
• Policy N-2.10 Preserve and protect Regulated Trees, such as native oaks and other
significant trees, on public and private property, including landscape trees approved as
part of a development review process and consider strategies for expanding tree
protection in Palo Alto.
o Program N-2.10.1 Continue to require replacement of trees, including street
trees lost to new development.
o Program N-2.10.2 As part of the update of the Tree and Landscape Technical
Manual, consider expanding tree protections to include additional mature trees
and provide criteria for making site-specific determinations of trees that should
be protected.
o Program N-2.10.3 Consider revisions to the permit process to increase
transparency regarding tree removals and expanded opportunities for
community members to appeal the removal of trees.
Urban Forest Master Plan
• Policy 1.A. Strive for:
o A greater percentage of native, drought-tolerant, and fruit tree species.
o No loss of benefits—as defined in iTree eco analysis (or other peer-reviewed
benefits-estimation model.)
o Increased habitat, health, and social benefits.
• Policy 2.A. Conserve and grow native and introduced climate adaptive tree population
to regenerate and recover native woodland ecosystem on a landscape scale.
• Policy 6.C. Strive for no net loss /increase in canopy cover.
o Program 6.C.i. Continue to enforce the City’s Tree Protection Ordinance but also
review it to ensure that it reflects state water efficiency standards as well as this
master plan’s goals for regeneration of native woodland landscape.
• Policy 6.H. Minimize the negative effect on the urban forest from development and
infrastructure maintenance
Timeline
Staff recommends that Council adopt the proposed ordinance to take effect as soon as
administratively possible. Staff also recommends the following regarding implementation and
applicability of the updated ordinance:
• Development projects already in progress (either in process for planning approval or
building permit) will continue to comply with the pre-adoption ordinance and Tree
Technical Manual.
• The Designated Arborist requirement will be implemented six months after ordinance
City of Palo Alto Page 18
goes into effect. This will allow staff to finalize requirements and create a list of
approved arborists.
• Violations for failure to notify the City and neighbors of protected tree maintenance will
consist of warnings and information on the new process during the first six months after
the ordinance goes into effect.
• In the event that the new Tree and Landscape Technical Manual is not approved before
the ordinance goes into effect, the existing Tree Technical Manual will continue to apply
until such time as the new manual is approved. The new ordinance would take
precedence in situations where the documents conflict.
Stakeholder Engagement
A community meeting webinar focused on the tree ordinance was held on April 6, 2022 to
solicit feedback from community members. Approximately 40 people attended to watch the
presentation and participate in a question and answer session. The text summary of questions
and answers has been posted to the Tree Ordinance Update webpage.
Staff received public comments as well as input from board and commission members on the
proposed ordinance at an Architectural Review Board study session held on April 21, 2022 and
at a Parks and Recreation Commission study session held on April 26, 2022.
Several concerns expressed during this process resulted in changes to the proposed ordinance.
These items are listed below.
1. Updates to the definition of “weeds” in 8.08.010 to define the term without using the
word “weeds” as well as removing the term “indigenous grasses”.
2. Restructuring the definition of “excessive pruning” for clarity. Time period changed from
the proposed 36 months to 24 months for standard 25% rule and continuing to propose
36 months for oak root impacts. Specific proposed language is as follows:
"Excessive pruning” means any of the following:
• Removal of more than one-fourth of the functioning leaf, and stem, or
root area of a tree in any twenty-four-month period,
• Removal of more than 15 percent of the functioning root area of any
Quercus (oak) species in any thirty-six-month period, or
• Any removal of the functioning leaf, stem, or root area of a tree so as to
cause a significant decline in health, increased risk of failure, or the
unbalancing of a tree.
3. Protection of structures from damage caused by protected trees. The phrase “primary
residence” used in 8.10.050 (a)(1)(ii) of previous draft was modified to “residence or
any covered parking required under Title 18”. This change was made to include
structures such as existing Accessory Dwelling Units (ADUs) and required covered
parking.
4. Clarification of a Public Works appeals pathway for tree removal permit decisions in the
absence of development.
City of Palo Alto Page 19
Environmental Review
The proposed code amendments have been assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the environmental regulations of the City. Specifically, the proposed
amendments have been determined to be exempt from further environmental review pursuant
to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment. In the
event Section 15061(b)(3) is found not to apply, the ordinance is also exempt under Section
15308 because it involves regulatory action for the protection of the environment.
Attachments:
• Attachment A: Tree Ordinance Final DRAFT for CAO-PG
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street
Trees, Shrubs, and Plants); Chapter 8.08 (Weed Abatement); Chapter 8.10 (Tree
Preservation and Management Regulations); and Chapter 2.25 (Parks and
Recreation Commission); and Making Clerical Changes to Chapter 9.56
(Abatement of Nuisances) and Title 18 (Zoning) of the Palo Alto Municipal Code.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
SECTION 2. Chapter 8.04 (Street Trees, Shrubs, and Plants) of Title 8 (Trees and
Vegetation) of the Palo Alto Municipal Code is hereby renamed Chapter 8.04 (Public Trees,
Shrubs, Hedges, and Plants and amended to read as follows (additions underlined and deletions
struck through):
Chapter 8.04
STREETPUBLIC TREES, SHRUBS, HEDGES, AND PLANTS
Sections:
8.04.005 Purpose.
8.04.010 Definitions.
8.04.015 Authority of city.
8.04.020 Permit required for certain work.
8.04.030 Application for permit.
8.04.040 Issuance of permit.
8.04.050 Public nuisances.
8.04.060 Abatement of public nuisances.
8.04.070 Damage to streetpublic treesEnforcement.
8.04.080 Interference with enforcement.
8.04.090 Adoption of regulations.
8.04.005 Purpose.
The purpose of this chapter is to protect and promote trees, shrubs, hedges, and plants located
on public property within the city. In establishing these procedures and standards, the city
recognizes that trees, shrubs, hedges, and plants are an essential part of the city’s
infrastructure, with benefits that include promoting the health, safety, welfare, and quality of
life of the residents of the city; addressing climate change by sequestering carbon and providing
a cooling effect; reducing air, water, and noise pollution; preventing soil erosion and
stormwater runoff; providing wildlife habitat; and enhancing the aesthetic environment. It is
the city’s intent to encourage the preservation of trees, shrubs, hedges, and plants.
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8.04.010 Definitions.
For the purposes of this chaptertitle, the following words shall have the meaning ascribed to
them in this section:
(a) "Person" means individuals, firms, associations and corporations, and agents,
employees or representatives thereof.
(b) "City" means the city of Palo Alto acting by and through its authorized representatives.
(c) "Street" means and includes all land lying between the boundaries of property
abutting on all public streets, boulevards, alleys, and walks.
(d) "Parks" means and includes all parks to which names have been given by action of the
city council.
(e) "Public places" means and includes all grounds, other than streets or parks, owned by,
or leased to, or and under the control of the city of Palo Alto.
(f) "Street tTree" means and includes any woody perennial plant generally having a single
main axis or stem and commonly achieving ten feet in height and capable of being
shaped and pruned to develop a branch-free trunk at least nine feet in height.
(g) "Shrub" means and includes any woody perennial plant generally having multiple
stems and commonly less than ten feet in height, normally low, several stemmed, and
capable of being shaped and pruned without injury, within the area planted.
(h) "Hedge" means and includes any tree, shrub, or plant material, shrub or plant, when
planted in a dense, continuous line or area, as to form a thicket or barrier.
(i) "Plant" means and includes all vegetation other than trees and shrubsother plant
material, non-woody, annual, or perennial in nature, not necessarily hardy.
(j) "StreetPublic trees, shrubs, hedges, andor plants" means and includes any tree, shrub,
hedge, or plant in any street, park, or public place in the city of Palo Alto.
(k) “Urban forester” means public works department staff including the urban forester or
their designee.
(l) “Tree permit” means a permit issued by the urban forester for one or more of the
following purposes:
(1) To permit removal of a public tree.
(2) To permit public tree care, work, or treatment.
(3) To permit removal of a protected tree under 8.10.050.
(4) To establish a tree preservation bond.
(5) For payment of “in-lieu” fees for required mitigation measures.
8.04.015 Authority of city.
The city of Palo Alto shall have control of all streetpublic trees, shrubs, hedges, and plants now
or hereafter in any street, park, or public place within the city limits, and shall have the
powerauthority to plant, care for, remove, replace, and maintain such trees, shrubs, hedges,
and plants.
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8.04.020 Violations- Penalty- EnforcementPermit required for certain work.
Unless authorized by a public tree care permit, no person shall do any of the following:
(a) Plant, prune, trim, shape, remove, top, or in any way damage, destroy, injure or
mutilate a streetpublic tree, shrub, hedge, or plant. A tree permit is not required for a
property owner, resident, or their agent to maintain shrubs, hedges, or plants located
within the city right of way associated with their property.
(b) Fasten any sign, wire, or injurious material to any streetpublic tree, shrub, hedge, or
plant.
(c) Excavate any ditch or tunnel; or place concrete or other pavement within a distance of
ten feet of the center of the trunk of any streetpublic tree.
(b) Violation of this section is a misdemeanor, punishable as provided in this code. Each
day of violation constitutes a separate offense and may be separately punished.
(c) Persons employed in the following designated employee positions are authorized to
exercise the authority provided in Penal Code Section 836.5 and are authorized to
issue citations for violations of this chapter: deputy director of public works
operations, managing arborist, planning arborist and code enforcement officer.
8.04.030 Application for permit.
Any person desiring to do any of the work described in Section 8.04.020 may apply for a tree
permit so to do. The applicant shall state the nature of the work and the location where it will
be done.
8.04.040 Issuance of permit.
A tree permit shall be issued authorizing so much of the work asthat meets all the following
conditions:
(a) Will not create, continue, or aggravate any hazardous condition, or public nuisance;.
(b) Will not prevent or interfere with the growth;, location or planting of any approved
street public trees;.
(c) Is consistent with the planting plan being followed by the city.
8.04.050 Public nuisances*.
TAny of the following are, for the purposes hereof, defined to be public nuisances:
(a) Any dead, diseased, infested, or dying tree, shrub, hedge, or plant in any street; or on
any public or private property so near to any streetpublic tree, shrub, hedge, or plant
as to constitute a danger to a streetpublic trees, shrub, hedge, or plant, or streets, or
portions thereof or public property.
(b) Any tree, or shrub, hedge, or plant on any private property or in any street, of a type
or species apt tothat will destroy, impair, or otherwise interfere with any street
improvements, sidewalks, curbs, approved street public trees, gutters, sewers, other
*NOT YET APPROVED*
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public improvements, including utility mains orand services, or a public tree, shrub,
hedge, or plant.
(c) Any tree limb, shrub, hedge, or plant reaching a height more than three feet above the
curb grade adjacent thereto, except a tree trunks having no limbs lower than nine feet
above curb grade, within the thirty-five foot triangle of public or private property,
measured from the projected curb lines, at the intersections of any street improved
for vehicular traffic where either traffic signals, stop signs, or yield signs are not
installed, or at any intersections which are determined by the chief transportation
official to contain a tree limbs, shrubs, hedges, or plants that obscuresa and or impairs
the view of a passing motorists, cyclists or pedestrians so as to create a safety hazard.
(d) Vines or climbing plants growing into or over any streetpublic tree, shrub, hedge, or
plant; or any public hydrant, pole or electrolier.
(e) Existence of any tree within the city limits that is infested, infected or in danger of
becoming infested or infected with objectionable insects, scale, fungus, or growth
injurious to trees.
(f) The existence of any branches or foliage which interfere with visibility on, or free use
of, or access to, or obstruct public vehicular or pedestrian travel on any portion of any
street improved for vehicular or pedestrian travel.
(g) Hedges or dense, thorny shrubs and plants on any street or part thereof.
(h) Shrubs and plants more then than two feet in height in any tree well or planting strip
between the sidewalk and curbstreet, measured above top of curb grade.
* Abatement procedure - See Chapter 9.56 of this code.
8.04.060 Abatement of public nuisances.
When any public nuisance as defined herein exists, a notice may be sent by ordinary United
States mail to the owner or tenant involved. Such notice shall describe the condition, state
the work necessary to remedy the condition, and shall specify the time within which the work
must be performed. If, at the end of the time specified, such work has not been performed,
the city may perform such work, and the cost thereof shall constitute a charge against such
owner or tenant, and such charge shall be a lien on such property.
8.04.070 Damage to street treesEnforcement.
(a) Violation of any provision of this chapter is a misdemeanor, punishable as provided in
this code. Each day of violation constitutes a separate offense and may be separately
punished.
(b) Persons employed in the following designated employee positions are authorized to
exercise the authority provided in California Penal Code Section 836.5 and are
authorized to issue citations for violations of this chapter, including but not limited to
leveling fines under the city’s administrative penalty authority: assistant director of
public works public services division, urban forester, project manager in the urban
forestry section, landscape architect, and code enforcement officer.
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(a)(c) DAny person who damages to any publicstreet tree, caused by through any act or
omission by any person, whenever such act or omission is prohibited by or not
authorized pursuant to this chapter, shallmay be liable civilly in a sum not to exceed
ten thousand dollars per tree, or the replacement value of each such tree, whichever
amount is higher.charged to such person or persons.
(d) Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise
compel the cessation of such violation.
(e) 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.
(f) The remedies and penalties provided in this section are cumulative and not exclusive.
8.04.080 Interference with enforcement.
No person shall interfere with or delay the authorized representatives of the city from the
execution and enforcement of this chapter, except as provided by law.
8.04.090 Adoption of regulations.
The city may adopt regulations prescribing standards of landscaping and planting of streets,
parks and public places, therein. A copy of such regulations shall be available for public
inspection upon request, and all work performed in streets, parks or public places shall be
performed in accordance therewith.
SECTION 3. Chapter 8.08 (Weed Abatement) of Title 8 (Trees and Vegetation) of the
Palo Alto Municipal Code is hereby amended to read as follows (additions underlined and
deletions struck through):
Chapter 8.08
WEED ABATEMENT*
Sections:
8.08.005 Purpose.
8.08.010 Weeds as public nuisance.
8.08.020 Resolution declaring nuisance.
8.08.030 Form and publication of notice.
8.08.040 Hearing - Power of councilon notice.
8.08.050 Order to abate nuisance.
8.08.060 Account and report of cost.
8.08.070 Notice of report.
8.08.080 Hearing on cost assessment.
8.08.090 Collection on tax roll.
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* For abatement provisions pertaining to nuisances other than weeds - See Chapter 9.56.
Legislative body may declare weeds a nuisance and order the abatement thereof - See Gov. C.A.
§ 39561. City may compel removal of dirt, rubbish, weeds, etc. - See Gov. C.A. §§ 39501-39502.
8.08.005 Purpose.
The purpose of this chapter is to prohibit weeds on property within the city. In establishing
these procedures and standards, it is the city’s intent to ensure that all activities taken to abate
weeds are sufficient to increase public safety, to preserve aesthetically or environmentally
desirable trees, shrubs, hedges, and plants, and to prevent the displacement of wildlife
habitats.
8.08.010 Weeds as public nuisance.
(a) No owner, agent, lessee, or other person occupying or having charge or control of any
building, lot or premises within the city shall permit weeds to remain upon the
premises, or public sidewalks, or encroach into any parkland (including any weeds
encroaching over fences), or streets, or alleys between the premises and the center
line of any public street or alley.
(b) The word "wWeeds" as used in this chapter means all weeds and includes any of the
following, growing upon streets, parks, public placesalleys, sidewalks, or private
property in the city and includes any of the following:
(1) Weeds Plants which bear or may bear seeds of a downy or wingy nature;.
(2) Weeds and indigenous grasses which may attain such large growth as to
become, when dry, a fire menace to adjacent improved property;
(2) Plants, shrubs, hedges, and trees determined by the Fire Marshall to constitute
a fire menace due to their species, proximity to ignition sources, and high
potential to endanger nearby buildings.
(3) Weeds Plants and shrubs which are otherwise noxious or dangerous;.
(4) Invasive plants, shrubs, hedges, and trees having high potential to invade
adjacent properties and high ecological impacts in the region as defined by the
California Invasive Plant Council.
(4)(5) Poison oak and poison ivy when the conditions of growth are such as to
constitute a menace to the public health;.
(5)(6) Accumulations of garden refuse, cuttings, and other combustible trash.
(c) Every property owner shall remove or destroy such weeds from histheir property, and
in the abutting half of any street or alley between the lot lines as extended.
8.08.020 Resolution declaring nuisance.
Whenever any such weeds are growing upon any private property or properties or in any street
or alley within the city, the council shall pass a resolution declaring the same to be a public
nuisance and order the fire chief or urban forester to give notice of the passage of such
resolution as herein provided, and stating therein that, unless such nuisance is abated without
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delay by the destruction or removal of such weeds, the work of abating such nuisance will be
done by the city authorities, and the expense thereof assessed upon the lots and lands from
which, and/or in the front and rear of which, such weeds shall have been destroyed or
removed. Such resolution shall fix the time and place for hearing any objections to the
proposed destruction or removal of such weeds.
8.08.030 Form and publication of notice.
(a) Such The fire chief or urban forester shall cause to be published a public notice shall
be in substantially in the following form:
NOTICE TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on ______, 20 __, pursuant to the provisions of Section
8.08.020 of the Palo Alto Municipal Code, the City Council passed a resolution declaring that all
weeds growing upon any private property or in any public street or alley, as defined in Section
8.08.010 of the Palo Alto Municipal Code, constitute a public nuisance, which nuisance must be
abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall without delay remove all such
weeds from their property, and the abutting half of the street in front and alleys, if any, behind
such property, and between the lot lines thereof as extended, or such weeds will be destroyed
or moved and such nuisance abated by the city authorities, in which case the cost of such
destruction or removal will be assessed upon the lots and lands from which, or from the front
or rear of which, such weeds shall have been destroyed or removed; and such cost will
constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll
upon which general municipal taxes are collected. All property owners having any objections to
the proposed destruction or removal of such weeds are hereby notified to attend a meeting of
the Council of said city, to be held in the Council Chamber of the City Hall in said city on ______,
20___, at seven p.m., when and where their objections will be heard and given due
consideration.
Date ______________________, 1920____
_______________________
Fire Chief or Urban Forester
City of Palo Alto
(b) Such notice shall be published at least twice in a newspaper published and circulated
in saidwithin the city, the first publication of which shall be at least ten days prior to
the time fixed by the council for hearing objections.
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8.08.040 Hearing - Power of councilon notice.
At the time stated in the notice, the council shall hear and consider any and all objections to the
proposed destruction or removal of such weeds, and may continue the hearing from time to
time. The council, by motion or resolution, shall allow or overrule any or all objections, if any,
after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and
perform the work of destruction and removal of such weeds.
8.08.050 Order to abate nuisance.
The council shall by resolution order the fire chief or urban forester to abate such nuisance, or
cause the same to be abated, by having the weeds referred to destroyed or removed, and the
fire chief or urban forester and his deputies, assistants, employees, contracting agents or other
representatives are hereby expressly authorized to enter upon private property for that
purpose. Any property owner shall have the right to destroy or remove such weeds
himselfthemselves, or have the same destroyed or removed at histheir own expense; provided
that such weeds shall have been removed prior to the arrival of the fire chief or urban forester
or histheir authorized representatives to remove them.
8.08.060 Account and report of cost.
The fire chief or urban forester shall keep an account of the cost of abating such nuisance and
embody such account in a report and assessment list to the city council, which shall be filed
with the clerk. Such report shall refer to each separate lot or parcel of land by description
sufficient to identify such lot or parcel, together with the expense proposed to be assessed
against each separate lot or parcel of land.
8.08.070 Notice of report.
The city clerk shall post a copy of such report and assessment list on the bulletin board near the
entrance door at the City Hall, together with a notice of the filing thereof and of the time and
place when and where it will be submitted to the city council for hearing and confirmation,
notifying property owners that they may appear at such time and place, and object to any
matter contained therein. A like notice shall also be published twice in a newspaper of general
circulation, published and circulated within the city. The posting and first publication of said
notice shall be made and completed at least ten days before the time such report shall have
been submitted to the city council. Such notice, as so posted and published, shall be
substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT
NOTICE IS HEREBY GIVEN that on ______, 20__, the Fire Chief or Urban Forester of the
City of Palo Alto filed with the City Clerk of said city a report and assessment on abatement of
*NOT YET APPROVED*
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weeds within said city, a copy of which is posted on the bulletin board at the entrance to the
City Hall.
NOTICE IS FURTHER GIVEN that on _______, 20__, at the hour of seven p.m., in the
Council Chambers of said City Hall, said report and assessment list will be presented to the City
Council of said City for consideration and confirmation, and that any and all persons interested,
having any objections to said report and assessment list, or to any matter or thing contained
therein, may appear at said time and place and be heard.
Date _____________, 20___
_________________
City Clerk of the City of Palo Alto
8.08.080 Hearing on cost assessment.
(a) At the time and place fixed for receiving and considering such report the city council
shall hear the same together with any objections which may be raised by any of the
property owners liable to be assessed for the work of abating such nuisance, and the
fire chief or urban forester shall attend such meeting with histheir record thereof, and
upon such hearing, the council may make such modifications in the proposed
assessments therefore as it may deem necessary, after which such report and
assessment list shall be confirmed by resolution.
(b) The amount of the cost of abating such nuisance upon, or in the front or rear of, the
various lots or parcels of land respectively referred to in such report, shall constitute
special assessments against such respective lots or parcels of land, and after thus
made and confirmed, shall constitute a lien on such property for the amount of such
assessments, until paid.
8.08.090 Collection on tax roll.
On or before the first day of September of each year, the amounts of such assessments against
the respective parcels of land shall be entered on the next tax roll which general city taxes are
to be collected. Thereafter, such amounts shall be collected at the same time, and in the same
manner, as general city taxes are collected, and shall be subject to the same interest and
penalties, and the same procedure and sale in case of delinquencies. All laws applicable to the
levy, collection and enforcement of city taxes are hereby made applicable to such assessments.
SECTION 4. Chapter 8.10 (Tree Preservation and Management Regulations) of Title 8
(Trees and Vegetation) of the Palo Alto Municipal Code hereby renamed Chapter 8.10 (Tree and
Landscape Preservation and Management) and amended to read as follows (additions
underlined and deletions struck through):
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Chapter 8.10
LANDSCAPE AND TREE AND LANDSCAPE PRESERVATION AND PRESERVATION AND
MANAGEMENT REGULATIONS
Sections:
8.10.010 Purpose.
8.10.020 Definitions.
8.10.030 Tree and Landscape Technical Manual.
8.10.040 Disclosure of information regarding existing trees.
8.10.050 Prohibited actsRemoval of protected trees.
8.10.055 Tree replacement.
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.
8.10.092 Tree removal in wildland-urban interface area.
8.10.095 Tree removal in HD ZHospital District zone.
8.10.100 Responsibility for eEnforcement.
8.10.110 Enforcement - Remedies for Vviolation.
8.10.120 Fees.
8.10.130 Severability.
8.10.140 Applications, Notice, and Appeals.
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
and landscaping. In establishing these procedures and standards, the city recognizes that trees
and landscaping are an essential part of the city’s infrastructure. Their benefits include
promoting the health, safety, welfare, and quality of life of the residents of the city; addressing
climate change by sequestering carbon and providing a cooling effect; reducing air, water, and
noise pollution; preventing soil erosion and stormwater runoff; providing wildlife habitat; and
enhancing the aesthetic environment. It is the city's intent to encourage both the preservation
of trees and the proactive incorporation of trees and their benefits within development.
8.10.020 Definitions.
For the purposes of this chapter, the following definitions shall apply terms defined in Chapter
8.04 shall have the same meanings in this chapter, and the following terms shall have the
meaning ascribed to them in this section:
(a) "Basal flare" means that portion of a tree where there is a rapid increase in diameter
at the confluence of the trunk and root crown.
(b) "Buildableing area" means that area of a parcel:
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(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 buildableing area under this paragraph (b)(2) shall
not exceed ten feet in width.
(c) "Building footprint" means the two-dimensional configuration of an existing building's
perimeter boundaries as measured on a horizontal plane at ground level.
(d) “Designated arborist” means an arborist certified by the International Society of
Arboriculture or another nationally recognized tree research, care, and preservation
organization, selected by the urban forester for inclusion in a list of approved arborists
to be hired by:
(1) An applicant at their own expense, or
(2) The city at an applicant’s expense, if a project includes a public hearing.
(d) "Hazardous" means an imminent hazard or threat to the safety of persons or property.
(e) 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 or is subject to requirements
of the California Model Water Efficient Landscape Ordinance (MWELO).
(f) "Director of planning and development services" means the director of planning and
development services or their designee.
(f)(g) "Director of public works" means the director of public works planning and and
development services or his or hertheir designee.
(g)(h) "Discretionary development approval" means planned community zone, subdivision,
use permit, variance, home improvement exception, design enhancement exception,
or architectural review board approval, or any proposal or application that requires
the discretion of the authorizing person or entity.
(h)(i) "Dripline area" means the area defined by the projection to the ground of the outer
edge of the canopy or within X distance from the perimeter of the trunk of the tree at
four and one-half feet (fifty-four inches) above natural grade where X equals a
distance a circle with a radius ten times the diameter of the trunk as measured four
and one-half feet (fifty-four inches) above natural grade, whichever is greater.
(i)(j) "Excessive pruning” means any of the following:
(1) rRemoval of more than one-fourth of the functioning leaf, and stem, or root
area of a tree in any twelvetwenty-four-month period,.
(2) rRemoval of more than 15 percent of the functioning root area of any Quercus
(oak) species in any thirty-six- month period,.
(1)(3) or aAny removal of the functioning leaf, stem, or root area of a treefoliage so as
to cause a significant decline in health, increased risk of failure, or the
unbalancing of a tree.
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(k) "Hazardous" means an imminent hazard which constitutes a high or extreme threat to
the safety of persons or property as defined by American National Standards Institute
A300, Part 9.
(j)(l) "Protected” tree means any of the following:
(1) Any locally native tree of the species Acer macrophyllum (Bigleaf Maple),
Calocedrus decurrens (California Incense Cedar), Quercus agrifolia (Coast Live
Oak), Quercus douglasii (Blue Oak), Quercus kelloggii (California Black 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 Coast 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.
(3) Any tree larger than fifteen inches in diameter (forty-seven inches in
circumference) or more when measured four and one-half feet (fifty-four
inches) above natural grade of any species except those invasive species
described as weeds in Section 8.08.010 and those species classified as high
water users by the water use classification of the landscape species list
approved by the California Department of Water Resources (with the exception
of Coast Redwood).
(4) Any tree designated for protection during review and approval of a
development project.
(5) Any tree designated for carbon sequestration and storage and/or
environmental mitigation purposes as identified in an agreement between the
property owner and a responsible government agency or recorded as a deed
restriction.
(3)(6) Any heritage tree designated by the city council in accordance with the
provisions of this chapter.
(7) Any replacement mitigation tree or other tree designated to be planted due to
the conditions listed in Section 8.10.055.
(m) “Protected tree removal permit” means a permit issued to allow a person to remove a
protected tree.
(k)(n) "Remove" or “removal” means any of the following:
(1) Complete removal, such as cutting to the ground or extraction, of a tree; or.
(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,
topping, girdling, poisoning, overwatering, underwatering, unauthorized
relocation or transportation of a tree, or trenching, excavating, altering the
grade, or paving within the dripline area of a tree.
(l) "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.
(m)(o) "Tree report" means a report prepared by an designated arborist certified by the
International Society of Arboriculture or another nationally recognized tree research,
care, and preservation organization.
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(n)(p) "Tree Technical ManualTree and Landscape Technical Manual" means the
regulations issued by the city manager to implement this chapter.
8.10.030 Tree and Landscape Technical Manual.
The city manager, through the urban forestry section, departments ofand public works and
planning and development services departmentscommunity environment, shall issue
regulations necessary for implementation and enforcement of this chapter, which shall be
known as the Tree and Landscape Technical Manual. In the event of a conflict between the
provisions of this Title 8 and the Tree and Landscape Technical Manual, this Title 8 shall prevail.
The Tree and Landscape Technical Manual will be made readily available to the public and shall
include, but need not be limited to, standards and specifications regarding the following:
(a) Protection of trees during construction.;
(b) Replacement of trees allowed to be removed pursuant to this chapter where such
replacements:;
(1) Prioritize the use of locally native species, as listed in Section 8.10.020(l)(1),
consistent with Urban Forest Master Plan Goal 2: “Re-generated native
woodland and riparian landscapes as the key ecological basis of the urban forest
with focus on native species and habitat;”
(2) Include climate adaptive, drought tolerant, non-native species as needed to
satisfy right tree in the right place principles; and
(3) Incorporate a secondary goal of net tree canopy increase on the property within
15 years.
(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 hazardous within the
meaning of this chapter.
(f) Landscape design, irrigation, and installation standards consistent with the city’s water
efficient landscape regulations.
8.10.040 Disclosure of information regarding existing trees.
(a) Any application for development or demolition shall be accompanied by a statement
by a designated arboristthe 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 property and in the adjacent
public right of way which are within thirty feet of the building footprintarea proposed
for development, and trees located on adjacent property within thirty feet of the
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proposed building footprint or with canopies overhanging the project site, shall be
shown on the plans, identified by species.
(c) The director of public works or urban forester 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 an existing building footprint nor any grading, trenching, or paving, or any change in
landscaping which could alter water availability to established plants, hedges, shrubs,
or trees.
(e) The urban forester or the designated arborist for a project shall add identified
protected trees into the city’s tree inventory database, and in coordination with the
planning and development services departments, into city parcel reports.
(e)(f) Knowingly or negligently providing false or misleading information in response to this
disclosure requirement shall constitute a violation of this chapter.
8.10.050 Prohibited actsRemoval of protected trees.
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 sectionpursuant to a protected tree removal permit issued under
Section 8.10.140 consistent with the following:
(a) In the absence of proposed development:,
(1) aA protected trees shall not be removed unless determined by the director of
planning and development services, urban forester grants a protected tree
removal permit, having determined, on the basis of a tree report prepared by a
certified designated arborist for the applicant and other relevant information,
that treatments or corrective practices are not feasible, and that the tree should
be removed because any of the following apply:
(i) iIt 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.
(ii) It is a detriment to or is crowding an adjacent protected tree, or is
impacting the foundation or eaves of a residence or any covered parking
required under Title 18.
(2) In the event a protected tree is removed pursuant to a protected tree removal
permit granted under this subsection, the director of planning and development
services in consultation with the urban forester shallmay issue a temporary
moratorium on development of the subject property not to exceed thirty-six
months from the date the tree removal occurred. For any moratorium less than
thirty-six months, the urban forester shall determine appropriate mitigation
measures for the tree removal, and ensure measures are incorporated into any
future development approvals for the property. Mitigation measures as
determined by the urban forester shall be imposed as a condition of any
subsequent permits for development on the subject property.
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(b) In the case of any development on a single-family (R-1) or low density (RE, R-2, or
RMD) residential zoned parcellot, other than in connection with a subdivision, a
protected tree shall not be removed unless determined by the urban forester, on the
basis of a tree report prepared by a designated arborist and other relevant
information, that any of the following apply:
(1) The tree is so close to the proposed development that construction would
result in the death of the tree, and there is no financially feasible design
alternative that would permit preservation of the tree, where financially
feasible means an alternative that preserves the tree unless retaining the tree
would increase project cost by more than twice the replacement value of the
tree or 10% of the given project valuation, whichever is greater.Protected trees
shall not be removed unless the trunk or basal flare of the protected tree is
touching or within the building footprint, or the director of planning and
development services 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) The tree could be removed due to the conditions listed in Section 8.10.050(a)(1)
and treatments or corrective practices are not feasible.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
crowding 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 tree, the
tree removed shall be replaced in accordance with the standards in the Tree
Technical Manual.
(c) In connection with the case of development involving a proposed subdivision of land
into two or more parcels, ano protected tree shall not be removed unless determined
by the urban forester, on the basis of a tree report prepared by a designated arborist
and other relevant information, that either of the following apply:
(1) rRemoval is unavoidable due to restricted access to the property or deemed
necessary to repair a geologic hazard (landslide, repairs, etc.), in which case only
the protected tree or trees necessary to allow access to the property or repair
the geologic hazard may be removed.
(1)(2) The tree could be removed due to the conditions listed in subsection (a)(1)(i)
and treatments or corrective practices are not feasible.
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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 the case of development requiring planning approval under Title 18, and not
included under subsections (b) or (c), a protected tree shall not be removed unless
determined by the urban forester, on the basis of a tree report prepared by a
designated arborist and other relevant information, that either of the following apply:
(1) Retention of the tree would result in reduction of the otherwise-permissible
buildable area of the lot by more than twenty-five percent, and there is no
financially feasible design alternative that would permit preservation of the
tree, where financially feasible means an alternative that preserves the tree
unless retaining the tree would increase project cost by more than twice the
replacement value of the tree or 10% of the given project valuation, whichever
is greater.
(2) The tree should be removed because it is dead, hazardous, or constitutes a
nuisance under Section 8.04.050. In such cases, the dripline area of the
removed tree, or an equivalent area on the site, shall be preserved for
mitigation purposes from development of any structure.
(d)(e) In anyll circumstances other than those described in paragraphs subsections (a), (b),
and (c), or (d) of this section, a protected trees shall not be removed unless one of the
following applies: determined by the urban forester, on the basis of a tree report
prepared by a designated arborist and other relevant information, that the tree is
dead, is hazardous, or constitutes a nuisance under Section 8.04.050.
(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 18.76 (Permits
and Approvals) 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.
8.10.055 Tree replacement.
(a) In the event a protected tree is removed pursuant to Section 8.10.050(a)(1)(i),
mitigation for the removed tree, replacement tree ratio, in lieu fees, or a combination
thereof shall be determined by the urban forester, based on factors including but not
limited to the species, size, location, and specific reason for removal of the protected
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tree, in accordance with the standards and specifications in the Tree and Landscape
Technical Manual.
(b) In the event a protected tree is removed pursuant to Section 8.10.050 (a)(1)(ii), (b),
(c), (d), or (e), the tree removed shall be replaced in accordance with the standards
and specifications in the Tree and Landscape Technical Manual, including but not
limited to prioritization of locally native species, satisfaction of right tree in the right
place principles, and incorporation of a secondary goal of net tree canopy increase on
the property within 15 years. The urban forester shall approve the number, species,
size, and location of replacement trees.
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 Title 18 (Zoning
Ordinance) to require trees, shrubs, hedges, and other plants not covered by this chapter to be
identified, retained, protected, and/or planted as conditions of the approval of development. In
the event of conflict between provisions of this chapter and conditions of any permit or other
approval granted pursuant to Title 16 or Title 18, the more protective requirements shall
prevail.
8.10.070 Care of protected trees.
(a) All owners of property containing protected trees shall follow the maintenance
standards in the Tree and Landscape Technical Manual, including avoiding any action
foreseeably leading to the death of a tree or permanent damage to its health;
including but not limited to excessive pruning, cutting, topping, girdling, poisoning,
overwatering, underwateringreduced watering due to a landscape change,
unauthorized relocation or transportation of a tree, or trenching, excavating, altering
the grade, or paving within the dripline area of a tree.
(b) At least seven days prior to pruning a protected tree, other than that required to
remove a dead, diseased, or broken branch or branches, the property owner or their
designee shall prominently post a notice on the property, in one or more locations
readily visible to the public, that includes standards for pruning and a description of
the tree including tree species, size, location, the date of work, and a contact phone
number. The form for such notice will be available on the city’s website as a printable
document. Protected trees less than five (5) years old are exempt from this provision.
(b)(c) The standards for protection of trees during construction contained in the Tree and
Landscape Technical Manual shall be followed during any development on property
containing protected trees.
(d) The urban forester shall add identified protected trees into the city’s tree inventory
database and, in coordination with the planning and development services
departments, into city parcel reports.
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8.10.080 Development conditions.
(a) Development approvals for property containing protected public trees shallwill include
appropriate conditions as set forth in the Tree and Landscape Technical Manual,
providing for the protection of such trees during construction and for maintenance of
suchthe trees thereafter. Trees may be designated for protection that are significant
visually or historically, provide screening, or are healthy and important to the nearby
ecosystem.
(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 or building permit condition concerning
preservation, protection, and maintenance of any tree, including but not limited to
protected trees.
8.10.090 Designation of heritage trees.
(a) Upon nomination by any person and with the written consent of the property
owner(s), the city council may designate a tree or trees as a heritage tree.
(b) A tree may be designated as a heritage tree upon a finding that it is unique and of
importance to the community due to any of the following factors:
(1) It is an outstanding specimen of a desirable species; .
(2) It is one of the largest or oldest trees in Palo Alto; .
(3) It possesses distinctive form, size, age, location, and/or historical significance.
(c) After 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 considered protected and 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.
8.10.092 Tree removal in wildland-urban interface area
Tree removal and relocation in the wildland-urban interface (WUI) area, as defined in Section
15.04.190, shall be subject to the provisions in Chapter 15.04. To the extent Chapter 15.04 is
inconsistent with this chapter, Chapter 15.04 shall control.
8.10.095 Tree removal in HD ZHospital District zone.
Tree removal and relocation in the Hospital District (HD) shall be subject to the provisions in
Section 18.36.070. To the extent Section 18.36.070 is inconsistent with this chapter, Section
18.36.070 shall control.
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8.10.100 Responsibility for eEnforcement.
(a) Violation of this chapter is a misdemeanor, punishable as provided in this code. Each
day of violation constitutes a separate offense and may be separately punished.
(a)(b) Persons employed in Tthe following designated employee positions may enforce the
provisions are authorized to exercise the authority provided in California Penal Code
Section 836.5 and are authorized to issue citations for violations of this chapter,
including but not limited to leveling fines under the city’s administrative penalty
authority by the issuance of citations: assistant director of public works public services
division, urban forester, landscape architect, project manager in the urban forestry
section, landscape architect chief building official, assistant building official, and code
enforcement officer, planning arborist.
8.10.110 Enforcement - Remedies for Vviolation.
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 in the absence of proposed development pursuant to
subdivision Section 8.10.050(a)(1), 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 of planning and development services in
consultation with the urban forester shall issue a temporary moratorium on
development of the subject property, not to exceed five years 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 urban forester shall be imposed as a condition of any subsequent permits
for development on the subject property.
(1)(2) If a violation occurs during development pursuant to Section 8.10.050 (b), (c),
(d), or (e), the city mayshall 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 of planning and development services in consultation
with the urban forester, 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 or repair of any remaining
trees on the property, and shall provide for replacement of each tree removed
on the property or at locations approved by the director of planning and
community and by the urban forester or 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 and Landscape Technical Manual, and
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shall be at least twice the prescribed 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 the following amount: not to exceed five thousand
dollars per violation.
(i) Ten thousand dollars per tree, or twice the replacement value of each
tree, whichever amount is higher, for the complete removal of a tree, as
defined in Section 8.10.020(n)(1).
(ii) Ten thousand dollars per tree, or the replacement value of each tree,
whichever amount is higher, for any of the actions set forth in Section
8.10.020(n)(2).
(iii) Ten thousand dollars per tree, or twice the repair value of each tree,
whichever amount is higher, for damage to a tree protected or regulated
by this chapter which can be rehabilitated.
(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 Penalties shall be payable to the city.
(3) Replacement or repair value for the purposes of this chapter 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) Administrative Penalties. Persons listed in Section 8.10.100(b) may issue citations for
violations of this chapter that level fines under the city’s administrative penalty
authority.
(c)(d) Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise
compel the cessation of such violation.
(d)(e) 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.
(e)(f) The remedies and penalties provided in this section are cumulative and not exclusive.
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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 therefore in the municipal fee schedule.
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 severable.
8.10.140 Applications, Notice, and Appeals.
(a) Applications.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050
shall be filed in accordance with this section and any applicable provisions of
Chapter 18.77. Applications for removal of protected trees on non-residential
zoned properties will follow review guidelines set forth in Section 8.10.050(d)
and Section 18.76.020 and will follow the process set forth in Section 18.77.070.
(2) The application form shall be prescribed by the urban forester and shall contain
a list of information that must be submitted in order for the application to be
deemed complete.
(3) Each application must be signed by all owners of the real property containing
the protected tree, or an agent of the owner of record of the real property on
which the protected tree occurs, when duly authorized by the owner in writing.
(4) No application shall be deemed received until all fees for the application as set
forth in the municipal fees schedule have been paid, and all documents
specified as part of the application in this chapter or on the application form
have been filed.
(5) Protected tree removal permits shall automatically expire after twelve months,
unless otherwise provided in the permit, from the date of issuance of the
permit if within such twelve- month period, the proposed tree has not been
removed.
(b) Notice.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050
shall give notice in accordance with this section, the Tree and Landscape
Technical Manual, and any applicable provisions of Chapter 18.77.
(2) After submittal of an application to remove a protected tree, notice shall be
given consistent with subsection (b)(4) and shall include the date of the
proposed removal and the basis for the application.
(3) Upon determination of a protected tree removal application, notice shall be
given consistent with subsection (b)(4) and shall include a description of the
decision and how to appeal it.
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(4) Notices required pursuant to this section shall include the address of the
property, a description of the protected tree, including species, size, and
location, and urban forestry contact information, and shall be given as follows:
(i) In writing to all owners and residents of property within 300 feet of the
exterior boundary of the property containing the protected tree, and to
all principal urban forestry partner organizations.
(ii) By posting on the property, in one or more locations visible to the public.
(iii) By posting on the city’s website.
(a)(c) Appeals.
(1) Any person applying to remove a protected tree in the absence of proposed
development pursuant to Section 8.10.050(a), and any owner or resident of
property within 600 feet of the exterior boundary of the property containing
the protected tree, may request a public hearing by the director of public works
to review the urban forester’s decision, and may appeal the director of public
works’ determination to the city council. Any such request or appeal shall be
filed with the public works department in a manner prescribed by the urban
forester.
(2) Any person seeking the director's approval applying to remove a protected tree
pursuant to Section 8.10.050(b), (c), (d), or (e), and any owner or resident of
property within 600 feet of the exterior boundary of the property containing
the protected treethe ordinance codified in this chapter who is aggrieved by a
decision of the director may appeal the director of planning and development
service's such decision in accordance with the procedures set forth in Chapter
18.78 (Appeals).
(3) All appeals must be filed within fourteen days of posting of notice on the
property pursuant to subsection (b)(4)(ii).
SECTION 5. Section 9.56.030 (Nuisances described - Authority to abate) of Chapter 9.56
(Abatement of Nuisances) of Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal
Code is hereby amended to read as follows (additions underlined and deletions struck through):
9.56.030 Nuisances described - Authority to abate.
(a) Each of the following conditions constitutes a nuisance, and whenever an enforcement
officer determines that any of such conditions exist upon any premises, he may require or
provide for the abatement thereof pursuant to this chapter and make the costs of abatement a
lien upon the property:
(1) The existence of any accumulation of solid waste upon the premises so as to be a
nuisance under Section 5.20.180.
(2) The existence of weeds upon the premises, or public sidewalks, or streets, or alleys
between said premises and the centerline of any public street or alley, so as to be a nuisance
under Section 8.08.010.
(3) The existence of any dead, diseased, infested, or dying tree in any street; or on any
private property so near to any street tree as to constitute a danger to street trees, or streets,
or portions thereof, so as to be a nuisance under Section 8.04.050(a)(1).
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(4) The existence of any tree or shrub on any private property or in any street, of a type or
species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks,
curbs, approved street trees, gutters, sewers, other public improvements, including utility
mains or services so as to be a nuisance under Section 8.04.050(ab)(2).
(5) The existence within the thirty-five foot triangle of property at the intersection of streets
improved for vehicular traffic, of any tree limb, shrub, hedge, or plant exceeding three feet in
height where either traffic signals, stop signs, or yield signs are not installed, or at any
intersections which are determined by the chief transportation official to contain tree limbs,
shrubs, hedges, or plants that obscure and impair the view of passing motorists or pedestrians
so as to create a safety hazard, so as to be a nuisance under Section 8.04.050(ac)(3).
(6) The existence of any vines or climbing plants growing into or over any street tree or any
public hydrant, pole or electrolier contrary to the provisions of Section 8.04.050(ad)(4) or the
existence of any shrub, vine or plant growing on, around or in front of any hydrant, alarm box,
standpipe, sprinkler system connection or any other appliance or facility provided for fire
protection purposes, in such a way as to obscure the view thereof or impair the access thereto
by the fire department.
(7) The existence of any tree within the city limits that is infested, infected or in danger of
becoming infested or infected with objectionable insects, scale, fungus or growth injurious
to trees so as to be a nuisance under Section 8.04.050(ae)(5).
(8) The existence of any branches or foliage which interfere with visibility on, or free use of,
or access to, or obstruct public vehicular or pedestrian travel on any portion of any street
improved for vehicular or pedestrian travel so as to be a nuisance under Section 8.04.050(af)(6).
(9) The existence of hedges or dense thorny shrubs and plants on any street or part thereof
so as to be a nuisance under Section 8.04.050(ag)(7).
(10) The existence of shrubs and plants more than two feet in height in any street, measured
above top of curb grade so as to be a nuisance under Section 8.04.050(ah)(8).
(11) The existence of any open pit in any closed or abandoned trampoline center.
(12) The existence of any act or condition that presents a fire, panic, or life safety hazard, or
would contribute to the rapid spread of fire or inhibit mitigation or increase the chance of
release of hazardous material, or would interfere with, hinder or delay the egress of occupants
or response of emergency personnel, so as to be a nuisance under Section 15.04.055.
(13) The existence upon the sidewalk in front of any premises of anything which shall restrict
the public use thereof so as to be a nuisance under Section 9.48.020.
(14) The existence upon the sidewalk in front of any premises of any dirt, debris or litter so
as to be a nuisance under Section 9.48.050.
(15) The existence of any sign erected, constructed or maintained in violation of or which
fails to comply in any way with the provisions of Chapter 16.20 of this code.
(16) The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which is
out of repair or pending reconstruction and in condition to endanger persons or property or in
condition to interfere with the public convenience in the use of such sidewalk.
(17) The storage or keeping of any used or unused building material in a location out of
doors for more than thirty days within a year; provided, that nothing in this subsection shall:
(A) Make lawful any such storage when it is prohibited by other ordinances or laws;
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(B) Prohibit such storage upon the premises of a bona fide lumberyard or other dealer in
building materials when the same is permitted under the Zoning Code and other applicable
laws;
(C) Prohibit such storage for ninety days when done in conjunction with the construction
project for which a valid building permit is in effect if required and which is being prosecuted
diligently to completion; extensions for additional periods of time may be granted by the
building official when additional storage time is necessary and upon proof that such
construction project will be diligently pursued.
"Building materials," as used in this subsection, means and includes lumber, plumbing
materials, wallboard, sheet metal, plaster, brick, cement, concrete block, roofing materials,
cans of paint and similar materials.
(18) The storage or keeping in a location out of doors of any unused and abandoned open
pit or excavation, building foundation, automobile, trailer, housetrailer, boat or other vehicle or
major parts thereof. Without limiting the foregoing, any such thing stored or kept for a period
in excess of thirty days in a year shall be presumed to be unused and abandoned for purposes
of this provision.
(19) The existence of any fence or other structure or thing on private property abutting or
fronting upon any public street, sidewalk or place, which is in a sagging, leaning, fallen, decayed
or other dilapidated or unsafe condition.
(20) The existence of any driveway which is determined to have been abandoned, pursuant
to the provisions of Section 12.08.090; provided, that no notice need be given to the owner of
the property with respect to the abatement of such condition other than that provided in this
chapter.
(21) Any other condition on or use of property which is in fact a menace to the public peace,
health, or safety.
SECTION 6. Subsection (f) of Section 18.09.040 (Units Subject to Local Standards) of
Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 18
(Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows (additions
underlined and deletions struck through):
18.09.040 Units Subject to Local Standards.
[. . .]
(f) No protected tree shall be removed for the purpose of establishing an accessory dwelling
unit unless the tree is dead, dangerous or constitutes a nuisance under Section 8.04.050. Any
protected tree removed pursuant to this subsection shall be replaced in accordance with the
standards in the Tree and Landscape Technical Manual.
[. . .]
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SECTION 7. Section 18.36.060 (Parking and Loading) of Chapter 18.36 (Hospital (HD)
District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as
follows (additions underlined and deletions struck through):
18.36.060 Parking and Loading
[. . .]
(e) For the purposes of calculating shading percentage pursuant to Section 18.54.040(d):
(1) Shade structures may be utilized in lieu of trees;
(2) The canopies of protected trees (as defined by Section 8.10.020(jl)) transplanted on the
site will count as double the actual tree canopy; and
(3) Valet parking facilities may be designed to achieve twenty-five percent shading (rather
than fifty percent shading).
SECTION 8. Section 18.36.070 (Tree Preservation) of Chapter 18.36 (Hospital (HD)
District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as
follows (additions underlined and deletions struck through):
18.36.070 Tree Preservation
(a) Applicability
(1) Except as provided in this section, development in the HD district shall comply with
Palo Alto Municipal Code Chapter 8.10 (Tree Preservation and Management Regulations), and
the city Tree and Landscape Technical Manual.
(2) No protected tree (as defined by Section 8.10.020(jl)), shall be removed or relocated
until the director of planning and development services (“director”), in consultation with the
city arboristurban forester, has determined whether the protected tree meets the standards of
Group 1 or Group 2 Trees, as defined below, and the applicable Protected Tree Removal Permit
or Protected Tree Relocation Permit has been obtained. The city’s determination whether a
protected tree meets the standards of Group 1 or Group 2 Trees shall be valid for a period of
ten years following the date of such determination.
(3) For the purposes of this chapter, "Biological tree resources" shall have the same
meaning as "Protected trees" as defined in Section 8.10.020(jl).
[. . .]
(b) Preservation.
Notwithstanding Chapter 8.10, Group 1 Trees shall not be removed unless they meet the
standard in Section 8.10.050(a)(1)(i). Authorized relocation of Group 1 Trees shall not constitute
removal.
(c) Relocation.
Notwithstanding Chapter 8.10, Group 1 and Group 2 Trees may be relocated upon issuance
of a Protected Tree Relocation Permit from the director in consultation with the city
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arboristurban forester. For purposes of this section, authorized relocation of Group 1 and
2 Trees shall not constitute removal. The requirements for a Protected Tree Relocation Permit
shall be as follow:
(1) The applicant shall submit a proposed Tree Relocation and Maintenance Plan (TRMP)
that (i) evaluates the feasibility of moving the tree to another location on or near the
development site; and (ii) identifies the actions to be taken to increase the likelihood that
relocation is successful including the following information: pre-relocation irrigation, relocation
procedures, monitoring inspections, and post-relocation tree irrigation and maintenance.
(2) If the director determines the proposed relocation is feasible, the director shall issue a
Protected Tree Relocation Permit requiring the following:
(A) The Protected Tree Relocation Permit shall specify the actions required to increase
the likelihood that relocation is successful.
(B) Location of relocated trees is subject to review and approval by the director in
consultation with the city arboristurban forester.
(C) If the relocated tree does not survive after a period of five years, the
relocated tree shall be replaced with a tree or a combination of trees and tree value standards
consistent with Section 3.20, Table 3-1 Tree Canopy Replacement provisions, of the Tree and
Landscape Technical Manual. If, after relocation, a relocated tree is disfigured, leaning with
supports needed, or in decline with a dead top or dieback of more then twenty-five percent,
the tree shall be considered a total loss and replaced as described in this subsection.
(D) The applicant shall provide a security guarantee for relocated trees, as determined by
the director of planning and development services, in consultation with the city arboristurban
forester, in an amount consistent with the Tree and Landscape Technical Manual.
(d) Removal of Group 2 Trees.
Notwithstanding Chapter 8.10, removal of Group 2 Trees shall be allowed in the HD district,
upon issuance of a Protected Tree Removal Permit from the director in consultation with the
city arborist. The requirements for a Protected Tree Removal Permit shall be as follows:
(1) Group 2 Trees that are removed without being relocated shall be replaced in
accordance with the ratios set forth in Table 3-1 of the City of Palo Alto Tree and
Landscape Technical Manual in the following way:
(A) The Protected Tree Removal Permit issued shall stipulate the tree replacement
requirements for the removed tree, including number of trees, size, location, and irrigation. The
number and size of trees required for replacement shall be calculated in accordance with Tree
Canopy Replacement provisions Table 3-1 of the Tree and Landscape Technical Manual.
(B) The difference between the required tree replacement and the number of trees that
cannot be feasibly planted on site shall be mitigated through contribution to the City of Palo
Alto Forestry Fund as provided in Section 3.15 of the Tree and Landscape Technical Manual.
Payment to the Forestry Fund would be in the amount representing the fair market value, as
described in Section 3.25 of the Tree and Landscape Technical Manual, of the
replacement trees that cannot be feasibly planted on site.
(2) Location of replacement trees is subject to review and approval by the director in
consultation with the City Arboristurban forester.
(e) Appeal. Any person seeking the director's classification of Group 1 or 2 Trees, or seeking
the approval to remove or relocate a protected tree pursuant to this chapter who is aggrieved
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by a decision of the director may appeal such decision in accordance with the procedures set
forth in Chapter 18.78 (Appeals).
SECTION 9. Section 18.54.050 (Miscellaneous Design Standards) of Chapter 18.54
(Parking Facility Design Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby
amended to read as follows (additions underlined and deletions struck through):
18.54.050 Miscellaneous Design Standards
(b) Sight Distance
(1) For residential uses of three or more units, and for all nonresidential uses, including
public facilities, clear sight distance triangles for exiting driveways shall be provided as shown
in Figure 6 of this Section 18.54.070. In the non-zero setback zone only, if a stop sign is provided
at the driveway exit, the director may decrease the required dimensions of the sight distance
triangles. For cases not covered by Figure 6, sight distance triangles shall be provided as
required by the director. Neither the sight distance triangles nor any portion of the public right
of way shall contain any wall, sign, berm, or other obstruction that is greater than three feet
high above driveway grade, unless its width (measured in any direction or diameter) is eighteen
inches or less. Nor shall the sight distance triangles or any portion of the public right of way
contain any landscaping, except trees, that is greater than two feet in height above top of curb
grade (refer also to Sections 8.04.050(ah)(8) and 9.56.030(a)(10)). The height of landscaping
shall be its maximum untrimmed natural growth height.
SECTION 10. Section 2.25.050 (Purpose and Duties) of Chapter 2.25 (Parks and
Recreation Commission) of Title 2 (Administrative Code) of the Palo Alto Municipal Code hereby
amended to read as follows (additions underlined and deletions struck through):
(a) The purpose of the parks and recreation commission shall be to advise the city
council on matters relating to the activities of the open space, parks and golf division and the
recreation division of the community services department, excluding daily administrative
operations.
(b) The commission shall have the following duties:
[. . .]
(7) Serve as a community forum for Urban Forestry matters and provide
feedback, recommendations, and interpretations to City Council on the Urban
Forest Master Plan and other associated policies.
(c) The parks and recreation commission shall not have the power or authority to
cause the expenditure of city funds or to bind the city to any written or implied contract.
SECTION 11. If any section, subsection, clause, or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause, or phrase thereof irrespective of the
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fact that any one or more sections, subsections, sentences, clauses, or phrases be declared
invalid.
SECTION 12. The Council finds that this ordinance is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment. Alternatively, the ordinance is also exempt
under CEQA Guidelines Section 15308 because it involves regulatory action for the protection
of the environment.
SECTION 13. This ordinance shall be effective on the thirty-first day after the date of its
adoption. However, this ordinance shall not apply to any projects that have submitted a
complete application as of the ordinance’s effective date. In addition, until such time as a list of
designated arborists is established by the Urban Forester, the term “designated arborist” shall
mean any arborist certified by the International Society of Arboriculture or another nationally
recognized tree research, care, and preservation organization.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development Services
____________________________
Director of Public Works