HomeMy WebLinkAboutStaff Report 2310-2190 City Council
Staff Report
From: City Manager
Report Type: ACTION ITEM
Lead Department: Public Works
Meeting Date: January 16, 2024
Report #:2310-2190
TITLE
Tree Protection Ordinance Year One Review and Recommendations; Adoption of an Ordinance
Amending Chapter 8.04 (Street Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation
and Management Regulations of the Palo Alto Municipal Code to Update the Allowable Reasons
for Removal of Protected Trees, Make Clarifying Changes, and to Make Clerical Updates; and
Adoption of a Resolution amending the Administrative Penalty Schedule to Increase the
Penalties for Violations of Title 8 of the Palo Alto Municipal Code; CEQA Status – Not a Projects
RECOMMENDATION
Staff recommends that Council adopt the proposed changes to Palo Alto Municipal Code
amending Chapter 8.04 and Chapter 8.10 of the Palo Alto Municipal Code and adopt a
resolution amending the Administrative Penalty Schedule to increase the penalties for
violations of Title 8 of the Palo Alto Municipal Code.
EXECUTIVE SUMMARY
Title 8 of Palo Alto Municipal Code (PAMC) regulates street trees, shrubs, and plants (Chapter
8.04), weed abatement (Chapter 8.08), and tree preservation and management (Chapter 8.10)
and is often referred to as the “Tree Protection Ordinance”. Major updates were made to Title
8 in June 2022.
Implementation of the new Tree Protection Ordinance began in July 2022 and is still in
progress. During the adoption of the updated Tree Protection Ordinance in June 2022, Council
directed staff to review the ordinance with the Parks and Recreation Commission (PRC) and
Planning and Transportation Commission (PTC) near the one-year mark, as adjustments might
be needed1. On June 19, 2023, staff updated Council through a study session focused on
1 City Council Meeting Action Minutes, June 6, 2022;
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=42899
implementation efforts.2 As directed by Council, staff evaluated the updated ordinance over
the course of the first year and held study sessions with both PRC and PTC this past fall. The
proposed changes to Title 8 included as Attachment A incorporate feedback received during
those study sessions. Specific changes from those study sessions include modifications to
8.04.050 regarding trees as public nuisance, and the incorporation of right tree in the right
place principles to the updated reasons for removal included in 8.10.050.
BACKGROUND
The updates to the Tree Protection Ordinance in 2022 focused on implementation of Council-
approved policies in the 2030 Comprehensive Plan (Natural Environment Chapter), and the
Urban Forest Master Plan. Additional code updates included changes prompted by State law,
specifically Executive Order B-29-15, also known as the Model Water Efficient Landscape
Ordinance. Amendments to the ordinance ranged 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 amendments in the 2022 update were the result of a detailed multi-year effort. The staff
report for the June 6, 2022 Council meeting3 included a detailed list of the public meetings
included in the process, which included meetings with the Planning and Transportation
Commission, the Policy and Services Committee, the Architectural Review Board, the Parks and
Recreation Commission, the City Council and Community meetings.
During the first year of implementation of the updated ordinance, staff made note of code
sections that caused confusion or did not work as originally intended. Many of the updates
included in staff’s recommended changes focus on resolving those issues.
ANALYSIS
Proposed Ordinance Clarifications
During the first year of ordinance implementation, staff noted any areas of the updated code
that might warrant edits to increase clarity. Many of the proposed updates that are included in
the attached draft updates to PAMC Chapters 8.04 and 8.10 center around this goal.
The following areas have proposed changes to increase clarity or simplify the wording of the
code.
1.8.04.050(e) - Infested trees as public nuisance
2 City Council, June 19, 2023; Agenda Item #41, SR #2306-1599:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1170
3 City Council, June 6, 2022; Agenda Item #13, SR #14355
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81908
o Issue: Current text is vague as to what qualifies as an “infestation” which could
lead to confusion and possibly inappropriate application of this code section.
o Resolution: Proposed text clarifies what types of infestations qualify. Pests now
must be included in the California Department of Food and Agriculture’s
detection and eradication programs or be injurious to trees.
2. 8.04.050(i) – Trees declared a public nuisance under State law and ordered removed by
a court of competent jurisdiction
o Issue: The ordinance did not make clear that a tree declared a public nuisance
under state law would qualify for a Tree Removal Permit.
o Resolution: State law public nuisance declaration was added as a reason for
declaring a protected tree a nuisance.
3. 8.10.020(d) – Designated Arborist – Clarification as to when the applicant chooses the
arborist and when the arborist is chosen by the City
o Issue: Existing text is unclear as to who selects and pays for the designated
arborist.
o Resolution: Proposed text clarifies that the project applicant pays for all arborist
services and may select a designated arborist of their choice unless the project
requires a public hearing as part of the approval process. In those cases, the City
selects the arborist.
4. 8.10.020(l)(4) – Protected Trees - Designated Trees – Clarification of designated tree
definition.
o Issue: Current text can be interpreted as referring only to trees on approved
landscape plans for current projects.
o Resolution: Proposed text specifies that designated trees are any trees that were
planted as part of an approved landscape plan included in a development
project, past or current.
5. 8.10.040(b) – Tree Disclosure Requirements – Reorganization of the types of trees that
need to be disclosed for clarity and adding a formal exemption allowing disclosure to be
completed by applicant instead of by a designated arborist for Section 18.09.030 Table 1
ADU projects
o Issue: Current text lists the categories of trees that must be disclosed in
paragraph form and experience has shown that it can be misunderstood.
o Resolution: Proposed text separates each type of tree that must be disclosed
into separate numbered items to clarify.
o Issue: Current exemption for Section 18.09.030 Table 1 ADU projects is only
included in the instructions for the T1 Tree Protection Plan Sheet.
o Solution: Proposed text formalizes this exemption in the code.
6. 8.10.050(a)(1) – Clarification on type of permits needed for tree removal
o Issue: Applicants have applied for the incorrect type of tree removal permit. Tree
removals outside of development on parcels other than single-family (R-1) or low
density residential (RE, R-2, or RMD) require a staff level architectural review
through planning, not a tree removal permit through public works (this
requirement pre-dates the 2022 update).
o Solution: Included the clarification above in the code.
7. 8.10.050(a)(2) – Clarification on details of development moratoriums imposed as
conditions of tree removal permits
o Issue: Current text is unclear regarding length of moratoriums and who
specifically has the authority to issue a moratorium.
o Resolution: Proposed text includes specific clarifications about who can issue a
moratorium, the length of the moratorium and how a moratorium may be lifted
early.
8. 8.10.050(d)(1) – Twenty-Five Percent Rule – clarification on method used to calculate
the percentage impact of protected trees on buildable area
o Issue: Current text does not include references to the fact that more than one
protected tree may contribute to the impact on buildable area.
o Solution: Proposed text specifies that the impact on buildable area for the 25%
rule includes the tree protection zones of all trees whose tree protection zones
include portions of the buildable area.
9. 8.10.140(c)(2) - Appeals of Tree Removal Decisions
o Issue: The intent of the 2022 update was that any appeals of a tree removal
permit decision would go first to a director’s hearing, and then to a commission
or Council. The Title 18 code referenced in this subsection does not include a
director’s hearing as a first step.
o Solution: Text added to include a director’s hearing as a first appeal step before
following procedures included in PAMC 18.78.
Proposed Ordinance Changes for Tree Removal and Pruning
In addition to the areas listed above requiring clarification, other areas have more substantial
proposed changes.
Some of the issues raised during the first year of the updated ordinance centered around the
2023 winter storm season. The series of storms the Bay Area saw last winter was very unusual.
The storms included high rainfall totals in very short time spans and strong winds from non-
prevailing directions with little or no time for recovery in between events. Many citizen
concerns centered around the permission to remove a hazardous tree. The ability of a tree
owner to remove a hazardous tree is already contained in the ordinance. Staff created a new
list of FAQs4 to address some of the concerns. These following changes are being proposed to
address issues that arose during the first year of implementation.
4 Palo Alto Urban Forestry FAQs; https://www.cityofpaloalto.org/Departments/Public-Works/Public-Services/Palo-
Altos-Urban-Forest/Frequently-Asked-Questions
8.10.050 Removal of Protected Trees
(ii) It is a detriment to or is crowding an adjacent protected tree.
(iv) It is impacting the foundation or eaves of a residence or any covered parking required under
Title 18.
(iii) It is at risk for retrenchment or other tree decline coping processes or does not conform
with right tree in the right place principles.
A protected tree with a structure that negatively impacts its surroundings but does not
qualify for removal under current code. This could be a tree that has a lopsided and
unrepairable canopy that encroaches on a home but does not meet criteria as either a
hazard tree or as directly damaging foundation or eaves.
A protected tree that has entered end-of-life decline but does not qualify for removal
under current code. This could be a tree species that is known to have a shorter life span
in a landscape setting and may begin to drop limbs as a coping mechanism when in
decline. The tree may not yet present as a hazard tree. As with all reasons listed under
8.10.50(a)(1), treatments and corrective practices must be infeasible to invoke (iii) as a
reason for removal.
A new reason for removal is also being proposed under 8.10.050(b)(2). This involves the
inclusion of the “25% Rule” to residential projects. This rule allows the removal of a protected
tree if the tree protection zone of the tree occupies 25% or more of the parcel’s buildable area.
Historically, this reason has been applied to single family residential projects. Both versions of
the ordinance, pre and post the 2022 update, did not include this rule in the single family
residential category. This change is intended to recognize this and to correct the oversight.
Clarification to the language defining the “25% rule” has also been added, both in the proposed
new location of 8.10.050(b)(2) and the existing location of 8.10.050(d)(1). The changes center
around how the impact to the buildable area is calculated. The proposed changes to both codes
now read:
Retention of one or more trees 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(s), where
financially feasible means an alternative that preserves the tree(s) unless retaining the
tree(s) would increase project cost by more than twice the reproduction cost of the tree
or ten percent of the given project valuation, whichever is greater. All tree protection
zones impacting buildable area are included in the reduction of buildable area
calculation.
The last new reason for removal being proposed is under 8.10.050(d)(3). This is intended to
address concerns first raised by Stanford University staff during the review of the Tree
Ordinance in May and June of 2022. The concern presented was that the ordinance as
proposed in 2022 did not allow for discretion regarding tree removal and replacement on larger
projects that were subject to the regular planning approval process.
During the 2022 ordinance review process, staff believed that a reading of the existing Title 18
code included the needed discretion surrounding protection and removal of trees on these
larger projects. Further review of the code over the last year has determined that discretion
regarding the protection and removal of trees on these types of projects is not explicitly
granted under Title 18. Staff received specific feedback on this item during the PTC study
session and has incorporated that feedback into the proposed changes. To resolve this, staff is
proposing to add the following reason for removal under 8.10.050(d)(3):
(3) Discretionary development review determines that the final project follows right tree in the
right place principles and would result in a net tree canopy increase on the property within
fifteen years, and replacement of trees, shrubs, and plants either:
This addition seeks to include the specific type of discretion that was already being applied to
larger commercial projects under both versions of the Tree Protection Ordinance.
The final proposed change seeks to address the issue of exemptions to excessive pruning
requirements. Some horticultural and arboricultural practices may exceed the maximum
pruning limits outlined in 8.10.020(j). These may include trees that have been grown and
maintained as a hedge, trees that are being purposefully reduced on a regular basis to fit a
growing space, or trees subject to specific cultural practices such as pollarding or espalier
training. The exemption language as proposed would be located under 8.10.070(c):
Updates to the Administrative Penalty Schedule
Included in this report as Attachment B are updates to the administrative penalty schedule. The
updates seek to include corrected code references related to the 2022 Title 8 update that are
not included in the current schedule. For example, the current administrative penalty schedule
does not list 8.10.040 Failure to disclose protected trees or 8.10.055 Failure to comply with tree
replacement as citable offenses.
Penalty amounts have also been adjusted to complement the civil penalty amounts included in
the 2022 update. The current administrative penalty schedule has a maximum fine of only $500
for the unauthorized removal of a protected tree. This fine is being increased to $5000 per tree
or reproduction cost up to $10,000, whichever is greater. For comparison, the civil penalty for
the unauthorized removal of a protected tree under the current ordinance is $10,000 or twice
the reproduction cost, whichever is greater.
Potential Additional Actions
While staff has presented potential updates to Chapters 8.04 and 8.10 intended to address
issues encountered during the first year of ordinance implementation, there are other actions
that could be considered. These options were presented to the PRC and PTC during the fall
study sessions. These options were presented as potential additional actions in response to
concerns raised during the 2023 storm season, during the June 19, 2023 City Council study
session on Tree Ordinance Implementation, and through feedback on the City’s housing
element from the State Housing and Community Development department. Feedback from the
fall study sessions indicated that the types of changes included in these potential additional
actions would not be appropriate at this time.
1. Changes to Allowable Reasons for Removal
2. Changes to the Definition of Protected Trees
Elimination of one or more specific protected native species
Increasing the diameter threshold for protected native species (currently 11.5”)
Increasing the diameter threshold for coastal redwood (currently 18”)
Increasing the diameter threshold for all other species (currently 15”)
Acer macrophyllum (Bigleaf Maple)
o Calocedrus decurrens (Incense Cedar)
o Quercus agrifolia (Coast Live Oak)*
o Quercus douglasii (Blue Oak)
o Quercus kelloggii (California Black Oak)
o Quercus lobata (Valley Oak)*
Species protected at 18” DBH:
o Sequoia sempervirens (Coast Redwood)*
Protected Mature Trees at 15” DBH:
o includes all species not listed above except:
▪Invasive species per Cal-IPC
▪High Water Users per WUCOLS (Excluding Redwood)
Other protected tree categories:
o Any tree designated for protection during review and approval of a development
project
o Any tree designated for carbon sequestration and storage and/or for
environmental mitigation purposes
o Any replacement mitigation tree or other tree designated to be planted due to
the conditions listed in this ordinance
* species protected prior to July 21, 2022
If changes to the definition of protected trees are explored, estimates of the impact to the total
number of protected trees can be made using our existing representative sample data set for
the composition of our urban forest.
3. Exemptions for Certain Housing Projects
The State Housing and Community Development department commented on the City’s housing
element in its August 3, 2023 letter noting a need for further analysis related to, among other
regulations, the impact of the City’s tree protection ordinance on housing. Specifically, the
City’s updated housing element must analyze the tree ordinance as a potential constraint on a
variety of housing types. While the City has previously taken measures to address concerns
regarding ADUs and the contemplated changes referenced in this report would address single
family homes and some commercial mixed-use projects, more work may be needed to ensure
the City’s tree policies are not a constraint to qualifying housing accountability projects.
Accordingly, staff is exploring the appropriateness of additional regulations that would seek to
balance the local and state interests for more housing production with the City’s desire to
preserve and support tree health and expand the tree canopy. Some initial concepts staff are
considering would apply to projects with four or more units with at least two-thirds of the
project floor area dedicated toward housing. If a tree protected by the City’s ordinance would
require a redesign of the project that triggers one or more of the following, the tree or trees
would be approved for removal, including:
redesign to accommodate the tree costs two times the replacement cost of the tree
(existing provision);
redesign to accommodate the tree costs more than 5% of the total project valuation
(down from 10% currently in the code);
redesign requires a greater parking reduction than authorized by the code; or
redesign requires a density reduction of 5% or greater.
Staff continues to evaluate the need for these additional regulations in the context of the other
contemplated modifications. After feedback received during the PTC study session, staff
believes more study of the issues involved is warranted before proposing any code changes to
address these items.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
City Urban Forestry webpages have been updated to reflect new ordinance.
o New Tree Ordinance Information page created and expanded.
New Tree FAQs created to address many questions about the tree ordinance and storm
related tree issues.
Creation of a new general trees email address (trees@cityofpaloalto.org) to simplify
contacting the Urban Forestry Section.
Canopy webpages updated to mirror new information on City web pages.
Canopy tree walk flyers updated to highlight tree ordinance updates.
Canopy Tree-news has released 3 Issues (June 2022, January 2023, April 2023) that
speak about the updated tree ordinance.
o Tree news issues reach approximately 4500 subscribers.
An email distribution list of arborists, tree care companies, and urban forestry advocates
has been compiled by staff and informational updates are being sent periodically. These
updates have been added to the Tree Ordinance Information webpage as PDFs5. Staff is
in the process of translating these updates into Spanish language versions as well.
Anyone can be added to the list by email request sent to trees@cityofpaloalto.org.
A direct mailed postcard to all Palo Alto residences providing information about the
updated tree ordinance.
Utility bill insert and email highlighting new ordinance information.
5 Tree Ordinance Information Update example: https://www.cityofpaloalto.org/files/assets/public/v/1/public-
works/tree-section/new-folder/palo-alto-tree-ordinance-information-updates-2-excessive-pruning.pdf
Informational ads in local printed and electronic press.
Live webinar sessions targeted at local arborists and tree care companies to review new
ordinance requirements. These will be recorded and posted to the City’s website.
Stakeholder feedback was also received through comments from councilmembers and
commissioners as well as through public comment at the following public meetings:
City Council – June 19, 2023 – Tree Ordinance Implementation study session
Parks and Recreation Commission – October 24, 2023 - Tree Protection Ordinance Year
One Review and Recommendations Study Session
Planning and Transportation Commission – November 8, 2023 - Tree Protection
Ordinance Year One Review and Recommendations Study Session
Based on feedback received at the October 24, 2023 Parks and Recreation Commission meeting
and the November 8, 2023 Planning and Transportation Commission meeting, staff plans to
explore the possibility of adding the following additional outreach components.
Webinars, workshops, or Utility bill inserts focused on how to prepare trees for storm
season and how to care for them after storms.
Inclusion of more tree related information and resources into the City’s regular
informational postings on electronic media.
ENVIRONMENTAL REVIEW
This proposed update to the Tree Protection Ordinance is not subject to the California
Environmental Quality Act.
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: Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 Street,
Trees, Shrubs, and Plants and Chapter 8.10 Tree Preservation and Management Regulations
Attachment B: Resolution Amending and Restating Administrative Penalty Schedule
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer