Article 15 — TREE PRESERVATION ORDINANCE

ARTICLE 15 - TREE PRESERVATION ORDINANCE[[1]]

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Editor's note— Ord. No. 25-09, § 1, adopted September 2, 2025, repealed the former Art. 15, §§ 10-15.10—1015.31, and enacted a new Art. 15 as set out herein. The former Art. 15 pertained to similar subject matter and derived from Ord. No. 02-18, 10-29-2002.

SEC. 10-15.10 - PURPOSE AND INTENT.

This Ordinance is intended to protect and preserve trees and control the pruning, removal or relocation of those trees that provide benefits for the neighborhood or the entire community, while balancing private property rights and development.

It is the intent of the City of Hayward to regulate the removal of trees within urbanized areas, preserve native trees, maintain a healthy urban forest, and increase tree canopy across the City. The City will accomplish this intent through staff review of tree removal permit applications and the development review process. Consistent with these goals, it is the City's intent that removed trees shall be replaced, and over time, urban areas deficient in trees will have greater tree canopy, and that replacement trees are drought tolerant and advance City goals.

(Repealed and Replaced by Ordinance 25-09, § 1, adopted September 2, 2025)

SEC. 10-15.11 - DEFINITIONS.

For the purposes herein, certain words and phrases are defined, and certain provisions shall be construed, as herein set out, unless it shall be apparent from their context a different meaning is intended.

"Applicant" shall mean the property owner applying to remove or prune a Protected Tree(s) on their own property, or their representative authorized upon written consent.

"Certified Arborist" shall be as defined by the International Society of Arboriculture. It shall include a "Consulting Arborist" who satisfied the requirements of the American Society of Consulting Arborists (ASCA) and who is determined by ASCA to meet the standards of Certified or Consulting Arborist as defined above.

"City Property" shall mean all property owned or leased directly by the City.

"Deadwood" shall mean the limbs, branches, or portion of a tree that contains no green leaves or live wood during a period of the year when green leaves should be present.

"Development" shall mean any work upon commercial, industrial, single, or multi-unit residential properties in the City of Hayward requiring a discretionary or ministerial permit approval or issuance. Examples include (but are not limited to) subdivision, rezoning, variance, grading, landscaping subject to the California Water Efficient Landscape Ordinance, and building permits.

"Director" shall mean the Director of Development Services or their designee.

"Dripline" shall mean all the area of ground underneath the tree to the outermost edge of any portion of the tree's canopy. When depicted in plan view, the dripline will appear as an irregularly shaped circle that follows the outline of the tree's canopy as seen from above.

"DSH" shall mean a tree's diameter at standard height, which is measured at fifty-four (54) inches (4.5 feet) above the ground surface. When measuring a multi-trunk tree, a tree's DSH will be calculated by adding the diameters of the largest three (3) trunks.

"Emergency" means a sudden, serious, unexpected, and often dangerous situation requiring immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

"Encroachment" shall mean any intrusion of human activity into the protected zone of a Specimen or Protected tree. This includes, but is not limited to, pruning, grading, excavating, trenching, installation of fencing, parking vehicles, driving, storing materials or equipment, or construction of structures or other improvements.

"Heritage Tree" shall mean a tree recognized by the City of Hayward to be an exceptional tree with a distinctly high level of value to the community as set forth in Section 10.15-19: Memorial or Heritage Trees.

"International Society of Arboriculture (ISA)" shall mean a 501c(5) Non-Profit Organization that promotes the professional practice of arboriculture through research, technology, and education. ISA produces the standards and best practices for arboriculture. The ISA certification is a voluntary program that tests and certifies the achievement of a professional level of knowledge and skill in the field of arboriculture.

"Memorial Tree" shall mean any tree planted in memory of or in commemoration of an individual or individuals or a specific event and officially recognized by the City.

"Native Tree" shall mean a non-introduced tree species that is adapted to and grows naturally in the habitats and environments of Alameda County and specifically Hayward, California.

"Parkway" shall mean the area of the street located in the right-of-way between the back of curb and the sidewalk that is typically planted or landscaped.

"Person" shall mean any natural person, partnership, firm, corporation, governmental agency, or other legal entity.

"Pollard" shall mean to drastically trim a tree removing the majority of the branching structure so that all that remains are stubs of the main branches, which then are forced to put out new branches.

"Preserved Tree" shall mean an existing tree to be maintained on a development project.

"Protected Tree" shall mean a tree regulated by the City as set forth in Section 10-15.14: Protected Trees.

"Pruning" shall mean the selective removal, detaching or separating of any live limb, branch, or root over two (2) inches in diameter from a protected tree. Pruning includes crown cleaning which is the removal of water sprouts, crossed limbs, or other unhealthy branching structure as designated by the ISA. Such removal shall not change the natural form of the tree, shall not consist of stubbing or heading back branches, and shall in no case consist of removing more of the total tree canopy than recommended under ISA standards.

"Relocation" shall mean the transplanting of a tree from its original location to another suitable location.

"Removal" shall mean the physical removal of a tree, such as cutting to the ground or the extraction of a tree.

"Routine Maintenance" shall mean actions needed for the continued structural integrity of a tree including but not limited to, the removal of deadwood or storm damaged branches, light pruning to remove sucker growth or improve scaffolding when such pruning does not alter the natural form of the tree, and removal of branches less than two (2) inches in diameter.

"Street Tree" is a tree that is planted in the right-of-way of a street and in accordance with Street Tree Ordinance. It is usually located in the planter strip between the curb and the sidewalk or in a median island or it lies within the front yard setback where no parkway is present.

"Topping" is the removal of the main leader of a tree and a large portion of the major canopy limbs causing prolonged damage to the tree.

"Tree" shall mean any woody perennial plant characterized by having a single trunk or multi-trunk structure and belonging to a species that commonly grows to at least ten (10) feet high at maturity.

"Tree Canopy" is the area of land shaded by tree leaves, branches, and stems when viewed from above.

"Tree Maintenance" shall mean maintenance that is provided by the property owner to maintain the health and vigor of the tree and to address any diseases or hazards affecting the tree including but not limited to pruning, watering, and mulching. The responsibility to maintain Protected trees is further defined by Section 10-15.15.

"Tree Protection Zone (TPZ)" shall mean the area located under the undisturbed canopy of the tree as described in "Dripline" and extending for an additional one (1) foot from the center point of the tree to beyond the farthest point of the dripline of the tree.

(Repealed and Replaced by Ordinance 25-09, § 1, adopted September 2, 2025)