HomeMy WebLinkAboutStaff Report 14495
City of Palo Alto (ID # 14495)
City Council Staff Report
Meeting Date: 6/6/2022 Report Type: Information Reports
City of Palo Alto Page 1
Title: Supplemental Report Item - Update to the Tree Protection Ordinance,
Title 8 of Palo Alto Municipal Code
From: City Manager
Lead Department: Public Works
Following publication of the staff report for this agenda item, staff identified three oversights
and omissions in the draft ordinance, which are corrected in the attachment to this
supplemental memo. Changes from the prior draft are as follows:
1. Section 8.04.020: the first sentence is edited to add “or other City approval.” This
addresses an issue with a permit being required to plant or remove shrubs and plants on
City property as part of a City approved program or partnership.
2. Sections 8.04.070(c); 8.10.050(b)(1), (d)(1); 8.10.110(b)(1)(i),(ii),(iii) & (b)(3): references
to the tree appraisal terms of “replacement value” and “repair value” have been
changed to align with current tree appraisal industry standards of “reproduction cost”
and “repair cost”.
3. Section 18.09.040(f): the section is edited to align the ADU code with the proposed Tree
Ordinance. Currently, the ADU code contains more restrictive provisions than Title 8 for
some ADU development. Combined with the expanded scope of tree protection
proposed in the attached ordinance, this could have the unintended effect of unduly
restricting ADUs. Staff had planned for this change to be included in a broader update to
the ADU code; however, as that item has been delayed, staff recommends addressing
tree protection issues now.
Attachments:
• Attachment A: Ordinance Amending Ch 8.04, Ch 8.08, Ch8.10, and Making Relared
Changes to Ch2.25, Ch 9.566 and Title 18 of PAMC
*NOT YET APPROVED*
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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 Making Related Changes to
Chapter 2.25 (Parks and Recreation Commission); 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.
*NOT YET APPROVED*
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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 or other City approval, 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 reproduction cost 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.
*NOT YET APPROVED*
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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
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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 reproduction cost 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
reproduction cost 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 reproduction cost 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 reproduction cost 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 cost 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 value Reproduction or repair cost 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 except in accordance with Chapter 8.10. 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 Public Works