East Palo Alto Municipal Code Ch. 12.16 Trees on Public Property and in the Public Right-of-Way

Footnotes:

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Editor's note— Ord. No. 02-2022, § 1(Att. A), adopted May 3, 2022, amended Ch. 12.16 in its entirety to read as herein set out. Former Ch. 12.16, §§ 12.16.010—12.16.060 was entitled "Cutting and Trimming Trees on City Streets and Public Places," and derived from Prior Code §§ 5-11.101—5-11.106.

A. This chapter may be referred to as the "trees on public property and street tree ordinance".

B. The City of East Palo Alto recognizes the importance of trees and the benefits they provide. The purpose of this chapter is to manage city tree resources by regulating the planting, maintenance, and removal of trees in public places. The provisions of this chapter are enacted to carry out the goals, policies, regulations, and standards set forth in the City of East Palo Alto Urban Forest Master Plan and are necessary to ensure the city will realize the benefits of healthy, stable, and sustainable public tree resources.

C. An additional purpose of this chapter is to implement the urban forest master plan to:

1. Establish and maintain maximum canopy cover in the public right-of-way within the city through programmed tree planting, maintenance, preservation, and removal.

2. Maintain species and genetic diversity to stabilize the urban forest as a buffer against pest and disease outbreaks and minimize decline in canopy cover.

3. Implement ANSI A-300 tree maintenance practices such as regular inspections and structural pruning at time of planting to increase tree value and associated benefits and protect the tree resource by regulating activities that will harm trees.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

"ANSI A-300 standards" means the accredited industry standards and practices for managing trees and other woody plants.

"Appraisal of tree value" means 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" means an arborist certified by the International Society of Arboriculture and approved by the director.

"Diameter" means diameter at standard height (DSH), or trunk diameter measured at fifty-four (54) inches above grade.

"Director" means the public works director or designee.

"Dripline" means the 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 fifty-four (54) inches above grade (DSH), whichever is greater.

"Excessive pruning" means the 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" means the 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 trees.

"Public right-of-way" means any property dedicated to public use including, but not limited to, streets from property line to property line, alleys, easements, dedicated bike paths or open spaces.

"Public tree" means a tree within a public park, trail, or other property owned by the city and dedicated to public use.

"Remove" means: (a) complete removal, such as cutting the tree to the ground, or (b) 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.

"Street tree" means any city-owned tree located within the public right-of-way or easement.

"Tree canopy cover" means a measurement of the total area of a tree's branches, stems, and leaves when viewed from above.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. 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:

1. Developing a comprehensive municipal tree care operations plan, including pruning, planting, and removal of public trees.

2. Developing recordkeeping protocols for all tree maintenance activities and maintaining a database reflecting the current tree inventory and accurate status of the tree resources.

3. Implementing a monitoring program to evaluate and ensure the goals of the master plan are met.

4. Reviewing and revising the master plan in conjunction with the annual municipal tree care budget, subject to city council approval.

5. Seeking funding from state, federal, or other granting agencies for public tree restocking and maintenance.

6. Creating a tree fund for monies collected from fines, penalties, and in-lieu payments for tree planting and establishment, and to offset maintenance services.

7. Conducting tree planting projects and education programs to encourage community participation and involvement in the city's urban forest.

B. Property owners and members of the public have the responsibility to notify the director if any problems occur regarding any street tree or if any public tree maintenance services are required.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. Recommended Street Tree List. The director shall adopt a list of trees prepared by a certified arborist recommended for planting in the right-of-way.

B. Street Tree Inventory. A street tree inventory shall be maintained and reside in a data management system integrated with the city's GIS and shall be fully accessible to staff. Included in the inventory are information regarding trees (species, DSH, height, canopy spread, age or estimate, health and condition); sites (GIS location, planting site specifications, vacant planting site, soil type, location of underground utilities, and water availability); cultural practices (by date of action including planting, pruning, cabling, pest control, fertilization, removal, branch or whole tree failure, priority maintenance needs); and costs (material and equipment use, and personnel hours for each cultural practice).

C. Maintenance Schedule. Street trees shall be maintained on a block/grid pruning schedule assessing and prioritizing trees according to the degree of pedestrian and vehicular traffic and species growth rate.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. Trees are required to be planted in the public right-of-way for all development, redevelopment, infill and similar projects.

B. Standards. The following standards for tree planting shall apply:

1. 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 most current edition of ANSI A-300 Tree Planting, including post-planting pruning, and early tree care. Trees shall comply with the standards and recommendations set forth in the master plan related to species diversity. A maximum of twenty percent (20%) of one general and ten percent (10%) of any species may be used to meet planting requirements within the city.

2. 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 to shade public sidewalks, parking lots and neighborhood streets, mitigate stormwater runoff and prevent soil erosion, facilitate flood protection, create a visual barrier and filter particulate matter along heavy traffic thoroughfares, and create habitat for wildlife.

3. Trees shall be situated to maximize benefits and to minimize hazard, nuisance, hardscape damage and maintenance costs.

4. All newly planted street trees shall be scheduled for monitoring, structural pruning, and irrigation as needed during the first three years of establishment.

5. All tree planting shall be recorded in a tree inventory database. The database should include date of planting and scheduled work such as monitoring, structural pruning, stake removal and irrigating as required. Suitable planting sites shall be maintained in the database for future planting.

C. Installation Requirements.

1. One specified minimum gallon size tree must be installed for every twenty-five (25) feet of property frontage.

2. Trees shall be a minimum fifteen-gallon size with the planting of at least one twenty-four-inch box tree for every three fifteen-gallon trees planted, or one twenty-four-inch box tree per twenty-five (25) feet of lineal footage, whichever results in a greater number of plantings.

3. Placement of all plantings in new or infill developments shall be located consistent with these requirements:

a. Twenty (20) feet from the curb returns at street intersections.

b. Ten (10) feet from light standard power poles.

c. Ten (10) feet from fire hydrants.

d. Five feet from water and sewer lines.

e. Five feet from service walks, driveways, buildings, walls and permanent structure.

D. Street tree planting requirements for new development shall comply with the standards set forth in Chapter 18.28. Shade tree planting specifications for tree canopy cover in parking lots shall comply with the standards set forth in Chapter 18.30.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. Street Tree Pruning. Street tree pruning is the responsibility of the public works department and performed by certified arborists. A permit is required for authorization to prune a city street tree. Any unauthorized pruning is unlawful.

B. The following maintenance standards for pruning street trees apply:

1. All street tree pruning shall be performed in compliance with the most current edition of ANSI A300, Pruning, which includes pruning young trees to develop lowest branching structure above roadway vehicular traffic, and crown cleaning, crown thinning, crown raising, crown restoration, crown reduction and utility line pruning in semi-mature and mature trees.

2. All street trees shall be programmed on a block pruning or grid schedule assessing and prioritizing trees according to the degree of pedestrian and vehicular traffic and species growth rate. Inspections shall be conducted prior to pruning to prioritize streets with the most pedestrian traffic and vehicular traffic and to assess trees in areas with the greatest pruning needs by species.

3. Except for pruning for utility line or traffic light clearance, or to abate a public nuisance, excessive pruning is prohibited.

4. All tree pruning shall be recorded in the tree inventory database noting date of activity, work performed, tree health status, and future maintenance needs. All contractors are required to provide work records upon completion of work.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. Public tree removals are the responsibility of the public works department and shall be performed at the direction of a certified arborists. Any tree within the public right-of-way or on public property, regardless of size, is a protected tree.

B. The director may remove or cause the removal of any public tree found to be dead, damaged beyond repair, having a compromised root system that cannot adequately support the tree, causing storm drain or sanitary sewer stoppages which cannot be remedied, causing structural damage that cannot be mitigated by pruning limbs or roots, or hazardous to the public safety or welfare.

C. A tree may be removed when it interferes with proposed development, repair, alteration, or improvement of a site and preservation of the tree would be considered a taking of real property, so long as the proper permit is obtained. Tree removal, if approved, may only occur once building permits are issued.

D. A tree may be removed when 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.

E. 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.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. When a private project or entity other than the city seeks to remove a public tree from the right-of-way or a public place, or a private property owner seeks to have trees in the right-of-way pruned out of cycle at the owner's expense, a permit is required. A permit also is required to prune branches or roots of a street tree or public tree.

B. 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 and shall provide a justification for the action to be taken. The director shall conduct an inspection and determine whether to approve or deny the application.

C. If the application is approved, the property owner must follow all noticing requirements. The issuance of the permit may be reconsidered by the director or appealed to the city manager. If no request for reconsideration or appeal is filed, the work may be performed as approved and in compliance 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. Unauthorized removal is unlawful.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. For Removal. All public tree removals, except those that are part of a capital improvement project approved by the city council, must be noticed for a period of fifteen (15) days on a list made publicly available and with a dated notice attached to the tree. Trees determined by the city to be an imminent risk to public safety may be removed without noticing.

B. For Pruning. Notice must be given to the property owner at least three working days prior to scheduled street tree pruning. The notice may require no parking at the curb adjacent to the tree to provide for equipment access.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. Reconsideration. Reconsideration of the decision to approve or deny a removal permit may be requested by any member of the public on the basis of the criteria used to make the determination. Request for a hearing to publicly review the decision must be submitted in writing to the director within fifteen (15) days after notice of the decision is provided. Notice of the reconsideration 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 fifteen (15) days after the notice is mailed.

B. Appeal. The decision of the director may be appealed within fifteen (15) days of the notice of decision to the city manager, who shall review the record and make a decision. Decisions of the city manager shall be final.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. If the city allows a tree to be removed, replacement tree(s) of an equivalent value must be planted or an in-lieu fee must be paid. Replacement tree(s) planted on-site are a priority. More than one replacement tree may be required to accomplish the goal of replacing the lost canopy.

B. If replacement on a one-to-one basis cannot be fully accomplished in the immediate vicinity of the removed tree(s), staff may authorize payment of in-lieu fees. The value of the removed tree(s) shall be calculated in compliance with the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.

C. Tree planting replacement requirements for the removal of a street tree shall be based on canopy size, measured as the average distance across the canopy in four cardinal directions.

D. The replacement standard shall be as follows:

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)

A. The director is charged with the responsibility for the enforcement of this chapter and may serve notice upon any person violating any provision of this chapter. Violators shall be subject to the provisions set forth in Chapter 1.12 and Chapter 1.14.

B. A person who intentionally removes or destroys a street tree or a public tree without a tree removal permit, or who negligently causes the removal or destruction of a street tree or public tree, shall be required to replace the removed tree and pay the value of the removed tree(s), calculated in compliance with the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers, as well as a tree maintenance fee for five years.

C. If the director determines on-site replacement trees are not suitable, the director shall determine the cost of the mitigation needed to remedy the effects of the removal or destruction based upon the value of the unlawfully removed or destroyed tree(s) in compliance with the current version of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers, and the cost of planting replacement trees elsewhere. This amount shall be in addition to any other assessed fees or penalties.

(Ord. No. 02-2022, § 1(Att. A), 5-3-2022)