East Palo Alto Municipal Code § 18.28.020 Definitions

Footnotes:

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Editor's note— Ord. No. 02-2022, § 2(Att. B), adopted May 3, 2022, amended Ch. 18.28 in its entirety to read as herein set out. Former Ch. 18.28, §§ 18.28.010—18.28.040 was entitled "Landscaping and Trees."

A. Preserve trees on private property for the health, safety, and welfare of the community while recognizing individual rights to develop and maintain private property;

B. Utilize trees to create scenic beauty and wildlife habitat, attract visitors and businesses and serve as a source of community pride;

C. Mitigate storm water runoff, prevent erosion of topsoil, protect against flood hazards, and counteract pollutants in the air; and

D. Reach climate goals by shading structures and outdoor places, cooling sidewalks, reduce impacts from increasing temperatures and decreasing wind velocities while improving public health outcomes for residents.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)

ANSI A-300 Standards. Accredited industry standards and practices for managing trees and other woody plants.

Applicant. Owner of the property to be developed who submits an application to remove a protected tree located on the subject property, or the private property owner applying to remove a protected tree.

Appraisal of Tree Value. An unbiased estimate of the tree's worth performed in accordance with the current edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.

Certified Arborist. An arborist certified by the International Society of Arboriculture and approved by the Director.

Diameter. Diameter at standard height (DSH), or trunk diameter measured at 54" above grade.

Dripline. Area directly located under the outer circumference of the tree branches or with a radius of ten times the diameter of the trunk as measured at 54 inches above grade (DSH), whichever is greater.

Excessive Pruning. Removal of functioning leaf, stem, or root area of a tree in any thirty-six (36) month period such as to cause a significant decline in health, increased risk of failure, or the unbalancing of a tree.

Master Plan. City of East Palo Alto Urban Forest Master Plan, which sets forth the policies and guidelines for planting and maintenance programs for the care and protection of its trees.

Protected Tree. Any tree on private property having a main stem or trunk of 8" or greater in diameter at a height of 54" above grade (DSH); any tree required to be preserved as a condition of a development approval; any tree required to be planted as a condition of a development approval.

Remove. Complete removal, such as cutting the tree to the ground, or taking any action that would lead to the death of a tree or permanent damage to its health, including excessive pruning, girdling, cutting of tree roots, poisoning, over-watering, under-watering, trenching, excavating, altering the grade, paving within the dripline or unauthorized relocation or transportation.

Tree Canopy Cover. Measurement of the total area of a tree's branches, stems, and leaves when viewed from above.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)

A. Director. The Director has the responsibility to implement and authority to make decisions and judgments to enforce the provisions of this chapter. Duties include but are not limited to implementing tree protection policies for trees on private property and throughout the development process, accepting and reviewing applications from any person requesting to remove one or more trees on any private property, and approving or denying applications involving trees based on criteria set forth in this chapter, with appropriate conditions.

B. Property Owner. Every owner of real property within the City, and every person responsible for removing or damaging a tree, regardless of whether the person is engaged in a tree removal business, is subject to the regulations in this chapter.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)

A. ANSI. All trees selected for planting shall conform to the American Association of Standards, ANSI Z60.1 Specifications for Acceptance of Nursery Trees at the Time of Delivery. Tree planting shall follow the current edition of ANSI A-300 Tree Planting, including post-planting pruning, and early tree care. Newly planted trees should be provided regular maintenance, including irrigation and pruning as needed, during the first five years.

B. Species. Tree species must be appropriate for the site, keeping in mind "right tree right place" principles. Trees shall be selected for function and purpose as outlined in the Master Plan. Tree should be situated to maximize benefits and to minimize hazards, nuisances and hardscape damage.

C. New Single-Family Subdivisions. In all new single-family residential subdivisions there shall be a minimum of two trees on each parcel. This tree requirement is in addition to the 150 square feet of permanent private open space required for each parcel.

D. Multiple-Family Residential Subdivisions and Non-Residential Subdivisions. There shall be a goal of 20% canopy cover over the site within 15 years of final building permit issuance. This requirement is in addition to landscaping required within parking lots and trees installed along the street frontage.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)

No permit is required for pruning a private protected tree. Private protected tree pruning should be performed in compliance with the most current edition of ANSI A300—Pruning, which includes pruning young trees to develop lowest branching structure above homes or nearby structures, and crown cleaning, crown thinning, crown raising, crown restoration, crown reduction and utility line pruning in semi-mature and mature trees. Excessive pruning, topping, vandalizing, mutilating, or destroying a protected tree is prohibited.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)

A. Tree Removal Permit. No person shall remove, destroy or disfigure any protected tree within the city without a permit. If the tree removal is part of a development application, a separate Tree Removal Permit is required, but the Tree Removal Permit will be considered as part of the development application. A Certified Arborist report as noted below, is required.

B. Application. An application for a Tree Removal Permit shall be made to the Director on the form provided. The application shall be accompanied by a fee as set forth in the master fee schedule. The application shall contain the number and location of each tree to be removed, the type and approximate size of the tree, the reason for removal, and any additional information required by the Director. The application shall include a tree report by a Certified Arborist report. Any expense associated with the preparation of the tree report shall be the responsibility of the applicant. The Director may refer the application or report to another department, or person for an additional report or recommendation.

C. Tree Protection Plan. All development projects shall submit an Arborist Report and Tree Protection Plan.

1. The report by the Certified Arborist shall specify the following:

a. The location of trunk and dripline, size, health, and species of all trees on site with a diameter of 6" or greater.

b. The reason for removal for any tree proposed to be removed.

c. Recommendations for tree protection measures.

d. An appraisal of the condition and replacement value of all affected trees. The appraisal shall be performed in accordance with the current edition of the Guide for Plant Appraisal Council of Tree and Landscape Appraisers.

2. If an application for a development permit includes tree removal, the report by the Certified Arborist also shall include a planting plan detailing the number of tree replacements, species and irrigation system. Prior to acceptance of improvements, a final tree report by a Certified Arborist shall be submitted to the Director. The report shall assess the health and condition of the trees retained and protected during development and any changes in physical condition.

D. Owner Responsibility. If the removal request is approved, the property owner may perform the work as approved and must comply with all requirements to provide proper and sufficient measures to mitigate against any hazards or nuisances. The property owner is responsible for any damages, necessary repairs or needed replacements. No liability shall be imposed upon the City or upon any of its officers or employees for damages related to an unsafe tree to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees upon the property or adjacent to or overhanging the public right-of-way.

E. Emergency. If the condition of a tree presents an immediate hazard to life or property, as defined by ANSI A300, it may be removed without a permit on order of the City Manager, Building Official, or the Director; an after-the-event permit will be required.

F. Public Utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may, without a permit, take actions necessary to comply with the safety regulations of the Commission and as may be necessary to maintain safe operation of facilities. Where possible, trees shall be preserved.

G. Financial Security. A check, or an alternative form of payment if approved by the City shall be provided to the City for the appraised value of the trees impacted by development and the value of replacement trees as mitigation for the removal of trees, as well as the cost of staff time. The financial security shall be refunded upon the receipt of a final arborist report certifying preservation or proof of replacement, or payment of an in-lieu impact fee.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)

A Protected Tree may be removed under the following circumstances:

A. The tree is dead, expected to die within 5 years, or poses a high or extreme risk (as defined by International Society of Arboriculture Best Management Practice (A300 part 9)), or is classified as invasive by the California Invasive Plant Council (Cal-IPC, 2017). Where an arborist report indicates that a tree fits this category, fees may be waived.

B. The tree is structurally unsound and cannot be corrected or the risk cannot be significantly reduced by traditional pruning, cabling, or bracing or is causing visible damage to property, which cannot be corrected without destroying the tree canopy or root system.

C. The tree is causing visible damage to property which cannot be corrected without destroying the tree canopy or root system.

D. The tree interferes with proposed development, repair, alteration, or improvement of a site and preservation would stop the implementation of a well-integrated and thoughtful design that enhances the property and neighborhood while meaningfully furthering the goals set forth in the General Plan and the project will incorporate replacement trees.

E. Removal is requested by a utility, public transportation agency, or other governmental agency due to a health or safety risk resulting from the tree's interference with existing or planned public infrastructure and preservation of the tree would add unreasonable cost to the project.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)

If the city allows a tree to be removed, either replacement tree(s) of an equivalent value must be planted or an in-lieu fee must be paid.

A. Replacement. Trees shall be replaced on a one-to-one basis; however, more than one replacement tree may be required to accomplish the goal of replacing the lost canopy. Replacement tree(s) planted on-site are a priority.

B. In-Lieu. If replacement cannot be fully accomplished on-site, staff may authorize payment of in-lieu fees. The value of the removed tree(s) for in-lieu fee payment shall be calculated in compliance with the latest edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)

A. Tree Removal Application and Noticing. The property owner shall notify adjacent property owners and tenants, if any, of the intent to remove a protected tree. Upon submittal of the application, notice is required to be posted. Once the decision is final, a second notice is required to be posted at least 48 hours prior to removal. The notification shall be in a written form, dated and posted on the tree or in another visible location within close proximity to the tree that is clearly visible to adjacent owners and tenants.

B. Review Process. Tree removal permit applications shall be reviewed and decided upon by the Director within 30 days of a complete application being submitted. Notice of the decision will be mailed to the applicant, the owners and occupants of all adjacent properties, and any person requesting notice of the decision. The decision shall become final 15 days after the notice is mailed. The decision of the Director may be appealed within 15 days of the notice of decision by filing an appeal in writing. Appeals shall be to the Planning Commission and conducted consistent with the provisions of Chapter 18.106. The decision of the Planning Commission is final.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)

A. Violations. Violation of a provision contained in this chapter is unlawful and a public nuisance. The Director may serve notice upon any person violating any provision of this chapter. Violators shall be subject to the provisions set forth in Chapter 1.118.

B. Replacement. Intentional or negligent removal or destruction of a protected tree without a Tree Removal Permit shall require replacing on-site each unlawfully removed/destroyed tree with two or three new trees, or a greater number of new trees, as the Director may determine to be necessary to ensure the replacement of the lost canopy and to provide an aesthetic quality reasonably equivalent to the unlawfully removed/destroyed tree within 10 to 15 years. The size, species, and condition of the replacement trees shall be subject to approval by the Director. All replacement trees shall be maintained by the property owner under a five-year maintenance agreement with the City.

C. Value. If the Director determines that on-site replacement trees will not provide sufficient reasonably equivalent canopy cover and aesthetic quality, the Director shall determine the cost of the mitigation needed to remedy the effects of the unlawful removal/destruction based upon the value of the tree(s) in compliance with the latest edition of the Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers, and the cost of planting replacement trees elsewhere. The established value of the tree(s) shall be the civil penalty assessed, in addition to the penalty prescribed by law for the commission of the offense. Such an amount shall be payable to the City.

D. Business License Revocation. A violation of any provision by a person of a tree removal, landscaping, construction, or other business in the City shall constitute grounds for revocation of the Business License issued to the person or business.

(Ord. No. 02-2022, § 2(Att. B), 5-3-2022)