(a) Applicability
(1) Except as provided in this section, development in the HD district shall comply with Palo Alto Municipal Code Chapter 8.10 (Tree Preservation and Management Regulations), and the city Tree Technical Manual.
(2) No protected tree (as defined by Section 8.10.020(l)), shall be removed or relocated until the director of planning and development services (“director”), in consultation with the urban forester, has determined whether the protected tree meets the standards of Group 1 or Group 2 Trees, as defined below, and the applicable Protected Tree Removal Permit or Protected Tree Relocation Permit has been obtained. The city’s determination whether a protected tree meets the standards of Group 1 or Group 2 Trees shall be valid for a period of ten years following the date of such determination.
(3) For the purposes of this chapter, “Biological tree resources” shall have the same meaning as “Protected trees” as defined in Section 8.10.020(l).
(4) For the purposes of this chapter, "Biological and Aesthetic tree resources" shall consist of those trees that are both biological tree resources and that have been designated as Group 1 Trees by the director in consultation with the city arborist based on a finding that the tree possesses at least one of the following characteristics:
(A) Functions as an important or prominent visual feature relating to the existing area, proposed conditions, pedestrian or vehicular thoroughfares;
(B) Contributes to a larger grove or shared canopy, landscape theme or otherwise provides important visual balance to existing buildings, trees or streetscape; or
(C) Possesses unique character as defined in the designation of heritage trees, (Section 8.10.090) such as, an outstanding specimen of a desirable species, distinctive in form, size, age, location or historical significance.
(5) Within the HD district, protected trees fall into one of the following categories:
(A) Group 1 Trees: Biological and aesthetic tree resources which are identified in Table 4. If a protected tree is not listed in Table 4, or if more than ten years have elapsed since the city's determination whether the tree is a Group 1 Tree, the director shall determine whether the tree meets the definition of Section 18.36.070(a)(4), above prior to issuance of any permit to remove or relocate the tree;
(B) Group 2 Trees: Biological tree resources that are identified in Table 4. If a protected tree is not listed in Table 4, or if more than ten years have elapsed since the city's determination whether the tree is a Group 2 Tree, the director shall determine whether the tree meets the definition of Section 18.36.070(a)(3), above prior to issuance of any permit to remove or relocate the tree.
Table 4: Protected Tree Groups
Tree Group | Tree Tag Number (from SUMC FEIR) | Tree Location |
Tree Group | Tree Tag Number (from SUMC FEIR) | Tree Location |
1 | 33, 34, 35, 36, 37, 38, 39, 40, 41 | Kaplan Lawn |
317, 318, 319, 320, 322, 323*, 324* | FIM 1 | |
608, 996* | Welch Road | |
2 | 325, 326, 327, 328 | FIM 1 |
333, 373, 374, 375, 383, 387, 388, 410, 425, 428, 433, 436, 438, 439, 440, 441, 448, 450, 478, 479, 538, 544 | SHC | |
887, 960, 961, 966, 967, 968, 969, 970, 1010, 1011, 1016, 1017, 1092, 1096, 1097, 1098, 1102, 1103, 1104, 1107, 1108, 1109, 1111, 1119, 1170, 1172, 1174, 1175, 1176, 1177 | LPCH | |
1349, 1350, 1351, 1352, 1365,1366, 1388, 1389, 1390, 1391, 1393, 1399, 1400, 1420, 1435, 1438, 1439, 1442, 1469, 1481, 1483, 1485, 1500, 1503, 1506 | Hoover | |
*Trees to be relocated. | ||
(b) Preservation.
Notwithstanding Chapter 8.10, Group 1 Trees shall not be removed unless they meet the standard in Section 8.10.050
(a)(1)(i). Authorized relocation of Group 1 Trees shall not constitute removal.
(c) Relocation.
Notwithstanding Chapter 8.10,
Group 1 and Group 2 Trees may be relocated upon issuance of a Protected Tree Relocation Permit from the director in consultation with the urban forester. For purposes of this section, authorized relocation of Group 1 and 2 Trees shall not constitute removal. The requirements for a Protected Tree Relocation Permit shall be as follow:
(1) The applicant shall submit a proposed Tree Relocation and Maintenance Plan (TRMP) that (i) evaluates the feasibility of moving the tree to another location on or near the development site; and (ii) identifies the actions to be taken to increase the likelihood that relocation is successful including the following information: pre-relocation irrigation, relocation procedures, monitoring inspections, and post-relocation tree irrigation and maintenance.
(2) If the director determines the proposed relocation is feasible, the director shall issue a Protected Tree Relocation Permit requiring the following:
(A) The Protected Tree Relocation Permit shall specify the actions required to increase the likelihood that relocation is successful.
(B) Location of relocated trees is subject to review and approval by the director in consultation with the urban forester.
(C) If the relocated tree does not survive after a period of five years, the relocated tree shall be replaced with a tree or a combination of trees and tree value standards consistent with Tree Canopy Replacement provisions of the Tree and Landscape Technical Manual. If, after relocation, a relocated tree is disfigured, leaning with supports needed, or in decline with a dead top or dieback of more then twenty-five percent, the tree shall be considered a total loss and replaced as described in this subsection.
(D) The applicant shall provide a security guarantee for relocated trees, as determined by the director of planning and development services, in consultation with the urban forester, in an amount consistent with the Tree and Landscape Technical Manual.
(d) Removal of Group 2 Trees.
Notwithstanding Chapter 8.10, removal of Group 2 Trees shall be allowed in the HD district, upon issuance of a Protected Tree Removal Permit from the director in consultation with the city arborist. The requirements for a Protected Tree Removal Permit shall be as follows:
(1) Group 2 Trees that are removed without being relocated shall be replaced in accordance with the ratios set forth in the City of Palo Alto Tree and Landscape Technical Manual in the following way:
(A) The Protected Tree Removal Permit issued shall stipulate the tree replacement requirements for the removed tree, including number of trees, size, location, and irrigation. The number and size of trees required for replacement shall be calculated in accordance with Tree Canopy Replacement provisions of the Tree and Landscape Technical Manual.
(B) The difference between the required tree replacement and the number of trees that cannot be feasibly planted on site shall be mitigated through contribution to the City of Palo Alto Forestry Fund as provided in the Tree and Landscape Technical Manual. Payment to the Forestry Fund would be in the amount representing the fair market value, as described in the Tree and Landscape Technical Manual, of the replacement trees that cannot be feasibly planted on site.
(2) Location of replacement trees is subject to review and approval by the director in consultation with the urban forester.
(e) Appeal. Any person seeking the director’s classification of Group 1 or 2 Trees, or seeking the approval to remove or relocate a protected tree pursuant to this chapter who is aggrieved by a decision of the director may appeal such decision in accordance with the procedures set forth in Chapter 18.78 (Appeals).
(Ord. 5557 § 8, 2022: Ord. 5494 § 3, 2020: Ord. 5123 § 7 (part), 2011)