Palo Alto Tree Protection Ordinance

“Protected” tree includes the three species that were already protected as well as additional native tree species and all trees above specified minimum diameters, except high water users and invasives. [§8.10.020(l)]

The city will create a list of ISA (or comparable organization)-certified, city-approved arborists. In most cases, project applicants themselves will choose arborists from this list to prepare tree reports required for protected tree removals and development applications. For projects that include a public hearing the city will hire an arborist at the applicant’s expense. [§§8.10.020(d), 8.10.050]

2022 updates to the Palo Alto Tree Protection Ordinance adds circumstances under which a protected tree can be removed in absence of development, while requiring an applicant to show that treatments or corrective practices to save the tree are not feasible

• As in the previous ordinance, a protected tree can be removed if it is dead, hazardous, a detriment to or crowding an adjacent protected tree, or a nuisance. When a tree is removed for one of these reasons, the update requires the city to determine mitigation for the removed tree, replacement tree ratio, in lieu fees, or a combination thereof. 
• The update also allows removal of a protected tree if the tree is impacting the foundation or eaves of a residence or any required covered parking. When a tree is removed for one of these reasons, tree replacement is required. 
• For all protected tree removals in absence of development, the applicant must show that treatments or corrective practices are not feasible.
• When removal is allowed, the city may issue a temporary development moratorium up to 36 months. For any moratorium less than 36 months, the city must determine appropriate mitigation measures, which will be included in any future development approvals for the property. [§§8.10.050(a), 8.10.055]

In general, a protected tree can be removed if it is dead, hazardous, or a nuisance and treatments or corrective practices are not feasible. In addition:

• Single-family (R-1) or low density (RE, R-2, RMD) – the tree is so close to the proposed development that construction would result in death of the tree and there’s no financially feasible design alternative that would permit preservation of the tree (retaining the tree would increase project cost more than 2x the replacement value of the tree or 10% of the given project valuation, whichever is greater).
• Proposed subdivision – tree removal is unavoidable due to restricted access to the property or necessary to repair a geologic hazard, in which case the removal of only the protected tree or trees necessary to allow access or repair the hazard is allowed.
• Development requiring approval under Title 18 that’s not covered above – tree removal is allowable when retention of the tree would reduce the otherwise permissible building area of the lot by more than 25% and there’s no financially feasible design alternative that would permit preservation of the tree (retaining the tree would increase project cost more than 2x the replacement value of the tree or 10% of the given project valuation, whichever is greater). If a protected tree is removed because it is dead, hazardous, or a nuisance, dripline preservation is required.
• Under all these scenarios, tree replacement is required. [§§8.10.050(b)-(e), 8.10.055]

Notice must be given in writing to all owners and residents within 300 feet of the property boundary and to all principal urban forestry partner organizations; by posting on the property in one or more locations visible to the public; and by posting on the city’s website. [§8.10.140(b)]

These neighbors as well as project applicants may request a public hearing and appeal a protected tree removal decision. [§8.10.140(c)]

“Excessive pruning” means removal of more than 25% of the functioning leaf, stem, or root area in a 24-month period; removal of more than 15% of the functioning root area of any oak species in a 36-month period; or any removal of functioning leaf, stem, or root area so as to cause a significant decline in health, increased risk of failure, or unbalancing of a tree. Maintenance standards in the TLTM will prohibit excessive pruning as well as any action foreseeably leading to death of or permanent damage to the tree. [§§8.10.020(j), 8,10.070(a)]

Notice must be posted in at least one location on the property visible to the public at least 7 days prior to pruning, using a form that the city will post on its website. Trees less than 5 years old are exempt. [§8.10.070]

The TLTM will require tree replacements to prioritize the use of locally native species; include climate adaptive, drought tolerant nonnative species as needed to satisfy right tree in the right place principles; and incorporate a secondary goal of net tree canopy increase on the property within 15 years. The TLTM will contain other standards and specifications  addressing protection of trees during construction, maintenance, landscape design, irrigation, and other topics. [§8.10.030]

The city is required to 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. [§8.10.040(e)]

For violations in the absence of development or while a development application is pending, the city must issue a temporary development moratorium up to 5 years and impose mitigation measures. For violations during development, the city must issue a stop work order until a mitigation plan has been approved. Civil penalties are increased to $10,000 per tree or twice the replacement value, whichever is higher, for complete removals, and $10,000 per tree or the replacement value, for damage other than complete removal. [§§8.10.100, 8.10.110]