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CITY COUNCIL ADOPTS ORDINANCES REQUIRING TREE PROTECTION
 

On July 25, 1996, the Palo Alto City Council adopted an urgency ordinance (Ordinance No. 4356), effective immediately, imposing new regulations regarding two oak tree species -- Coast Live Oak and Valley Oak. The ordinance prohibits removal of any such tree if it is 36 inches in circumference or larger (measured 4.5 feet above natural grade), unless one of the following circumstances exists:
 

1. The tree is located in the Building Area of a single family lot. The Building Area is that portion of a lot :
 

(a) upon which a structure may legally be built without need for a variance, home improvement exception, or other discretionary approval, or
 

(b) necessary for construction of primary access to structures on the property (not to exceed 10 feet in width on single family residential parcels);
 

2. Removal of the tree has been approved through the Architectural Review Board (ARB) process, because retention of the tree would reduce the otherwise-permissible building area by more than 25%, and appropriate replacement has been required; or
 

3. The Director of Planning and Community Environment (or his designee) has determined, on the basis of a report prepared on behalf of the tree owner by a certified arborist and any other relevant information, that the tree is dead, dangerous, or constitutes a nuisance as that term is used in Section 8.04.050 of the Palo Alto Municipal Code. "Dangerous" means the tree poses an imminent hazard or threat to the safety of persons or property. "Nuisance" means the tree will destroy public improvements such as sewers, utility mains, or services.
 

The ordinance does not apply to removal in connection with any development for which a complete application for a building permit, demolition permit, or discretionary development approval is on file in the Department of Planning and Community Environment as of July 22, 1996.
 

Remedies available to the City for violations of the ordinance include imposition of a stop work order or temporary moratorium, and assessment by a court of civil penalties for the loss of the tree.
 

The Council has also approved a regular ordinance (Ordinance No. 4362) amending Title 8 of the Municipal Code regarding tree protection. This ordinance will be effective on January 1, 1997 when the urgency ordinance expires. This ordinance imposes the same limitations on removal of the two species of oaks. In addition, it extends the same protections to "heritage trees" which are designated by the City Council with the consent of the property owner. It also imposes additional requirements regarding development application submittals and maintenance and care of protected trees.
 

For copies of the ordinances, contact the City Clerk's Office at (415) 329-2571, or the City Attorney's Office at (415) 329-2171.
 

For more information about the applicability of the ordinances to your particular situation, contact the Department of Planning and Community Environment at (415) 329-2404.
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