Title 8 — TREES AND VEGETATION

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 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.

(Ord. 5557 § 2 (part), 2022)

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.

(Ord. 5557 § 2 (part), 2022: Ord. 4642 § 6, 2000: Ord. 1353 (part), 1951: prior code § 32.10(b)-(k))

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.

(Ord. 5557 § 2 (part), 2022: Ord. 1353 (part), 1951: prior code § 32.10(a))

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.

(Ord. 5557 § 2 (part), 2022: Ord. 4745 § 7, 2002: Ord. 1353 (part), 1951: prior code § 32.11)

Any person desiring to do any of the work described in Section8.04.020 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.

(Ord. 5557 § 2 (part), 2022: Ord. 1353 (part), 1951: prior code § 32.12(a))

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.

(Ord. 5557 § 2 (part), 2022: Ord. 1353 (part), 1951: prior code § 32.12(b))

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.

(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 insects, scale, fungus, or growths that are included in the California Department of Food and Agriculture’s detection and eradication programs or that are 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.

(Ord. 5612 § 1 (part), 2024; Ord. 5557 § 2 (part), 2022: Ord. 4722 § 1, 2001: Ord. 2032, 1961: Ord. 1353 (part), 1951: prior code § 32.13)

• Abatement procedure - See Chapter 9.56 of this code.

(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.

(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.

(Ord. 5557 § 2 (part), 2022: Ord. 1353 (part), 1951: prior code § 32.15)

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.

(Ord. 1353 (part), 1951: prior code § 32.16)

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.

(Ord. 1353 (part), 1951: prior code § 32.17)