HomeMy WebLinkAboutStaff Report 2402-2648CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, March 18, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
12.SECOND READING: 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) (FIRST READING: January 16, 2024 PASSED 5-2, Lythcott-
Haims, Tanaka no) Item Removed Off Agenda
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Public Works
Meeting Date: March 18, 2024
Report #:2402-2648
TITLE
SECOND READING: 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) (FIRST READING: January 16, 2024 PASSED 5-2, Lythcott-Haims, Tanaka no)
BACKGROUND
The ordinance has been amended to reflect part B of the Council’s motion. Specifically, a provision was
added to Section 8.10.070 to require requests to prune trees in excess of the limits in Section 8.10.020(i)
to be submitted to the urban forester fourteen days before pruning the tree with a statement explaining
why pruning beyond the limits is warranted.
During passage of the tree ordinance updates in January, staff confirmed during the Council questions
that based on CAO analysis of PAMC Chapter 18.09, the updated Title 8 and applicable state law, the
tree ordinance would not apply to stand alone Table 1 ADU’s. Staff did not recommend adding specific
language to that effect at that time.
At the second reading of the tree ordinance updates, several council members expressed concern that
the updated tree ordinance did not explicitly state that PAMC 18.09 Table 1 ADUs were exempt. To
address this concern, the following proposed language has been added as 8.10.050 (b)(4):
The tree is proposed for removal to accommodate an ADU constructed pursuant to Section 18.09.030, or
because removal is necessary to allow an ADU constructed pursuant to Section 18.09.040 to achieve the
minimum standards set forth in state law.
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).
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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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) and Chapter 8.10 (Tree Preservation and
Management Regulations).
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Chapter 8.04 (Street Trees, Shrubs, and Plants) 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 8.04
PUBLIC 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.
8.04.070 Enforcement.
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
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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.
8.04.010 Definitions.
For the purposes of this title, 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,
leased to, or under the control of the city of Palo Alto.
(f) "Tree" means and includes any woody perennial plant generally having a single main stem
and commonly achieving ten feet in height.
(g) "Shrub" means and includes any woody perennial plant generally having multiple stems
and commonly less than ten feet in height.
(h) "Hedge" means and includes any tree, 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 shrubs.
(j) "Public trees, shrubs, hedges, and 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.
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8.04.015 Authority of city.
The city of Palo Alto shall have control of all public trees, shrubs, hedges, and plants now or
hereafter in any street, park or public place within the city limits, and shall have the authority to
plant, care for, remove, replace, and maintain such trees, shrubs, hedges, and plants.
8.04.020 Permit required for certain work.
Unless authorized by a tree 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 public 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 a sign, wire, or injurious material to any public 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 public tree.
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 work that 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 public
tree.
(c) Is consistent with the planting plan being followed by the city.
8.04.050 Public nuisances*.
Any 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 public tree, shrub, hedge, or plant as to constitute a
danger to a public tree, shrub, hedge, or plant, or street, or portion thereof or public property.
(b) Any tree, shrub, hedge, or plant on any private property or in any street, of a type or
species that will destroy, impair, or otherwise interfere with any street improvement, sidewalk,
curb, approved public tree, gutter, sewer, other public improvement, including utility mains and
services, or a public tree, shrub, hedge, or plant.
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(c) Any tree limb, shrub, hedge, or plant reaching a height more than three feet above the
curb grade adjacent thereto, except a tree trunk 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 limb, shrub, hedge, or plant
that obscures or impairs the view of a passing motorist, cyclist or pedestrian so as to create a
safety hazard.
(d) Vines or climbing plants growing into or over any public tree, shrub, hedge, or plant; or
any public hydrant, pole or electrolier.
(e) Existence of any tree within the city limits that is infested or infected with objectionable
insects, scale, fungus, or growths that are included in the California Department of Food and
Agriculture’s detection and eradication programs or that are growth injurious to trees.
(f) The existence of any branches or foliage which interfere with visibility on, free use of,
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 than two feet in height in any tree well or planting strip between
the sidewalk and curb, measured above top of curb grade.
(i) Any tree, shrub, hedge, or plant declared a public nuisance pursuant to state law and
ordered removed by a court of competent jurisdiction.
* Abatement procedure - See Chapter 9.56 of this code.
8.04.070 Enforcement.
(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.
(c) Any person who damages a public tree, through any act or omission, whenever such act
or omission is prohibited by or not authorized pursuant to this chapter, may 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.
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(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 2. Chapter 8.10 (Tree and Landscape Preservation Management) 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 8.10
TREE AND LANDSCAPE PRESERVATION AND MANAGEMENT*
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 Removal 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.
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8.10.092 Tree removal in wildland- urban interface area.
8.10.095 Tree removal in Hospital District Zone.
8.10.100 Enforcement.
8.10.110 Remedies for violation.
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 protect specified trees located on private property within the
city, and establish 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, 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 root crowntrunk and trunkrootcrown.
(b) "Buildable area" means that area of a parcel:
(1) Upon which, under applicable zoning regulations, a structure may be built without a
variance, design enhancement exception, or home improvement exception; or
(2) Necessary for construction of primary access to structures located on or to be
constructed on the parcel, where there exists no feasible means of access which would avoid
protected trees. On single-family residential parcels, the portion of the parcel deemed to be the
buildable area for primary access shall not exceed ten feet in width.
(c) "Building footprint" means the two-dimensional configuration of a building's perimeter
boundaries as measured on a horizontal plane at ground level.
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(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) Hired by anAn applicant at their own expense, or
(2) Chosen by theThe city at an applicant's expense, if a project includes a public hearing.
(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 tree
protection zonedripline 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.
(g) "Director of public works" means the director of public works or their designee.
(h) "Discretionary development approval" means planned community zone, subdivision, use
permit, variance, home improvement exception, design enhancement exception, architectural
review board approval, or any proposal or application that requires the discretion of the
authorizing person or entity.
(i) "Dripline area" means the area defined by the projection to the ground of the outer edge
of the canopy or 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.
(j) "Excessive pruning" of a protected tree means any of the following:
(1) Removal of more than twenty-five percentone-fourth of the functioning leaf, stem, or
root area of a tree in any twenty-four-month period.
(2) Removal of more than fifteen percent of the functioning root area of any Quercus (oak)
species in any thirty-six-month period.
(3) Any removal of the functioning leaf, stem, or root area of a tree so as to cause a
significant decline in health, increased risk of failure, or the unbalancing of a tree.
(jk) "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.
(kl) "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
*NOT YET APPROVED* Attachment A
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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.
(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, other larger than a Coast Redwood Tree, 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 Classificationwater
use classification of Landscape Speciesthe landscape species list (WUCOLS) approved by the
California Department of Water Resources.
(4) Any tree designated for protection during review and approval (with the exception of a
current or previously completed development project. On parcels zoned other than single-
family (R-1) or low density (RE, R-2, or RMD) residential, species exempted under subsection (3)
of this Section may be designated as a protected tree.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.
(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.
(lm) "Protected tree removal permit" means a permit issued to allow a person to remove a
protected tree.
(m) “Right tree in the right place principles” means the set of principles that determine if a
tree is located in an appropriate location for its specific species requirements and
characteristics, in accordance with the factors listed in the Tree and Landscape Technical
Manual.
(n) "Remove" or "removal" means:
(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 tree protection zonedripline area of a tree.
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(o) “Retrenchment” means the process in which trees may reconfigure as they age and
deteriorate, often continuing to grow in trunk diameter while branches die and fail.
(p) "Tree Protection Zone" means the area defined by a circle with a radius ten times the
diameter of the trunk when measured four and one-half feet (fifty-four inches) above natural
grade.
(q) "Tree Reportreport" means a report prepared by a designated arborist.
(rp) "Tree 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, and public works and planning and
development services departments, 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 fifteen
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 hazardous within the meaning of this
chapter.
(f) Landscape design, irrigation, and installation standards consistent with the city's water
efficient landscape regulations.
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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 arborist 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, tree protection
zonedripline area, and location. This requirement shall be met by including the information on
plans submitted in connection with the application.
(1) Notwithstanding subsection (a), applications involving only the development of an
Accessory Dwelling Unit that conforms to Section 18.09.030, Table 1, require only a
statement disclosing whether any protected trees are located on the property which is the
subject of the application. This statement may be completed by the applicant.
(b) In addition, the location and species of anyall other tree which is four inches in diameter
(e.g., thirteen inches in circumference) or more when measured four and one-half feet (fifty-
four inches) above natural grade shall be shown on the plans if the tree is:
(1) On the property or trees on the property and in the adjacent public right-of-way, and is
which are within thirty feet of the building footprint proposed for development, or
(2) Locatedand trees located on adjacent property within thirty feet of the proposed building
footprint, or
(1)(3) Close enough that its canopy overhangswith 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 regarding private protected trees 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, 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.
(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 Removal of protected trees.
It shall be a violation of this chapter for anyone to remove or cause to be removed a
protected tree, except pursuant to a protected tree removal permit issued under Section
8.10.140 consistent with the following:
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(a) In the absence of proposed development:
(1) A protected tree shall not be removed unless the urban forester grants a protected tree
removal permit, or on parcels zoned other than single-family (R-1) or low density residential
(RE, R-2, or RMD), the director of planning and development services authorizes the removal
through staff level architectural review pursuant to Section 18.76.020(b)(3), having determined,
on the basis of a tree report prepared by a designated arborist 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) It is dead, is hazardous, or constitutes a public nuisance under Section 8.04.050 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.
(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.
(iv) It is impacting the foundation or eaves of a residence, or any covered parking required
under Title 18 of this code.
(2) In the event a protected tree is removed pursuant to a protected tree removal permit
granted under this subsection (a), a temporary moratorium on development of the subject
property may be issued by the urban forester for up to twenty-four months or by, the director
of planning and development services, in consultation with the urban forester, for up tomay
issue a temporary moratorium on development of the subject property not to exceed thirty-six
months, from the date the tree removal occurred. Completion of requiredFor any moratorium
less than thirty-six months, the urban forester shall determine appropriate mitigation measures
included infor the tree removal permit does not remove or shorten any such moratorium. A
moratorium may be terminated early with approval of the urban forester or director of
planning, and development services, as applicable, and may require additional mitigationensure
measures. are incorporated into any future development approvals for the property. Mitigation
measures included in the protected tree removal permit and any additional mitigation
measures required to shorten a moratoriumas determined by the urban forester shall be
imposed as a condition of any subsequent permits for development on the subject property.
(b) In the case of any development on a single-family (R-1) or low density (RE, R-2, or RMD)
residential zoned parcel, 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 ten percent of the given project valuation, whichever is greater.
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(2) 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 allow for preservation of the tree(s). For the
purposes of this subsection (a)(2), a financially feasible design alternative means a design
alternative that preserves the tree(s) and would not increase the project cost by more
than twice the reproduction cost of the tree(s) 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.
(1)(3) The tree could be removed due to the conditions listed in Section 8.10.050(a)(1)(i), (ii) or
(iii) (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.
(2)(4) The tree is proposed for removal to accommodate an ADU constructed pursuant to
Section 18.09.030, or because removal is necessary to allow an ADU constructed pursuant
to Section 18.09.040 to achieve the minimum standards set forth in state law.
(c) In the case of development involving a proposed subdivision of land into two or more
parcels, 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) Removal 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.
(2) The tree could be removed due to the conditions listed in subsection (a)(1)(i), (ii), or (iii)
and treatments or corrective practices are not feasible.
(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 anyeither of the following apply:
(1) Retention of one or more treesthe 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(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.
(2) The tree should be removed because it is dead, hazardous, or constitutes a public
nuisance under Section 8.04.050. In such cases, the tree protection zonedripline area of the
removed tree, or an equivalent area on the site, shall be preserved for mitigation purposes
from development of any structure.
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(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:
(i) Is 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," or
(ii) Uses climate adaptive, drought tolerant species.
(e) In any circumstance other than those described in subsections (a), (b), (c), or (d), 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 the tree is
dead, is hazardous, or constitutes a public nuisance under Section 8.04.050.
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 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), (iii) or (iv),
(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 fifteen
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 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, underwatering, unauthorized
relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving
within the tree protection zonedripline area of a tree.
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(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 years old
are exempt from this provision.
(c) Any requests to exceed the limits for pruning set forth in Section 8.10.020(i) shall be
submitted to the urban forester by the property owner or their designee at least fourteen days
prior to pruning a protected tree. Each request shall be accompanied by a statement explaining
why exceedance of the limits is warranted. No pruning that exceeds the limits set forth in
Section 8.10.020(i) shall take place without the approval of the urban forester.
(cd) 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
trees.
(de) 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.
8.10.080 Development conditions.
(a) Development approvals for property containing protected public trees shall 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 such 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 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.
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(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.
(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 Hospital 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.
8.10.100 Enforcement.
(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.
(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.
8.10.110 Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law, the
following remedies shall be available to the city for violation of this chapter:
(a) Stop Work - Temporary Moratorium.
(1) If a violation occurs in the absence of proposed development pursuant to 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
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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.
(2) If a violation occurs during development pursuant to Section 8.10.050(b), (c), (d), or (e),
the city shall 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 urban forester. The
replacement ratio shall be in accordance with the standards set forth in the Tree and Landscape
Technical Manual, and shall be at least twice the prescribed ratio required where tree removal
is permitted pursuant to the provisions of this chapter.
(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 the
following amount:
(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) Penalties shall be payable to the city.
(3) Reproduction or repair cost for the purposes of this chapter 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.
(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.
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(f) The remedies and penalties provided in this section are cumulative and not exclusive.
8.10.120 Fees.
Tree reports required to be submitted to the city for review and evaluation pursuant to this
chapter shall be accompanied by the fee prescribed therefor in the municipal fee schedule.
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.
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(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.
(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.
(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 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 tree may request a hearing by appeal the director of
planning and development services to review the decision. The request for a hearing shall be
filed with the planning division in in a manner prescribed by the director of planning and
development services. An appeal of the director of planning and development services
determination shall be conducted in accordance with the procedures set forth in Chapter 18.78.
(3) All appeals must be filed within fourteen days of posting of notice on the property
pursuant to subsection (b)(4)(ii).
SECTION 3. 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
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. 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
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under CEQA Guidelines Section 15308 because it involves regulatory action for the protection of
the environment.
SECTION 5. 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