PAMC 8.10.050 covers removal of protected status trees. Permissible reasons for removal and the required procedure depend on the specific situation. Details of the most common situations are listed below.
Protected tree felling in the absence of development (residential areas)
If a protected status tree needs to be removed from a residential property without development, a tree permit is required. Tree permits are issued by the City Forest Department. The following are valid reasons for removal in this situation:
- The tree is dead, dangerous, or a nuisance per PAMC 8.04.050
- The tree interferes with or crowds a neighboring protected tree
- The tree impacts the foundation or eaves of a dwelling or covered parking lot required by PAMC Title 18
To request a tree permit, simply complete the Tree Permit Application and email it along with an arborist report (see Report Requests tab on this page) confirming one or more of the above acceptable reasons for removal .
Protected tree felling when there are no buildings (no single-family houses)
When a protected status tree needs to be removed from a commercial, industrial, or multi-family dwelling without a development, an employee-level architectural review is required for the tree removal. Architectural reports on tree felling are issued by the planning and development department. The following are valid reasons for removal in this situation:
- The tree is dead, dangerous, or a nuisance per PAMC 8.04.050
- The tree interferes with or crowds a neighboring protected tree
- The tree impacts the foundation or eaves of a dwelling (structure) or covered parking lot required by PAMC Title 18
Apply for an architectural review for tree fellingcontact the planning and development department.
Protected tree felling as part of the development (residential building)
In most cases, a protected status tree must be removed from a residential property as part of a development project No separate tree permit is required. Approval for the development project is considered approval for the planned tree felling. City Forestry Department staff review the development application for compliance with the Tree Protection Ordinance and all applicable tree-related policies. There may still be reporting requirements. The following are valid reasons for removal in this situation:
- The tree is dead, dangerous, or a nuisance per PAMC 8.04.050
- The tree interferes with or crowds a neighboring protected tree
- The tree impacts the foundation or eaves of a dwelling or covered parking lot required by PAMC Title 18
- The tree is so close to the proposed development that construction would result in the death of the tree and there is no financially feasible design alternative that would allow the tree to be preserved, financially feasible meaning an alternative that would preserve the tree, so be it for keeping the tree would increase the project cost by more than twice the cost of reproducing the tree or by ten percent of the given project valuation, whichever is greater.
Protected tree felling as part of a development that includes a subdivision of land
If a protected tree needs to be removed from a property as part of a development project that involves a subdivision of properties, in most cases a separate tree permit is not required. Approval for the development project is considered approval for the planned tree felling. City Forestry Department staff review the development application for compliance with the Tree Protection Ordinance and all applicable tree-related policies. There may still be reporting requirements. The following are valid reasons for removal in this situation:
- The tree is dead, dangerous, or a nuisance per PAMC 8.04.050
- Removal is unavoidable due to limited access to property or deemed necessary for remediation of a geological hazard (landslide, repairs, etc.). In this case, only the protected tree or trees necessary to access the property or address the geological hazard may be REMOVED.
Protected tree felling as part of a construction project that requires a permit
If a protected tree needs to be removed from a property as part of a development project that requires planning permission (excluding residential projects or projects with subdivisions), then in most cases a separate tree permit is not required. City Forestry Department staff review the development application for compliance with the Tree Protection Ordinance and all applicable tree-related policies. Approval for the development project is considered approval for the planned tree felling. If the applicant wishes to remove a protected tree between the planning permit phase and the issuance of a building permit, a tree permit may be required. Reporting requirements may still apply. The following are valid reasons for removal in this situation:
- The tree should be removed because it is dead, dangerous, or a nuisance under Section 8.04.050. In such cases, the removed tree’s drip line area or equivalent area must be retained on the site to prevent the development of any structure.
- Preserving the tree would result in a reduction in the otherwise allowable buildable area of the property by more than 25 percent, and there is no financially feasible design alternative that would allow the tree to be preserved, where financially feasible means an alternative that would preserve the tree Tree unless retaining the tree would increase the project cost by more than twice the cost of reproduction of the tree or ten percent of the given project valuation, whichever is greater.
www.cityofpaloalto.org
https://www.cityofpaloalto.org/Departments/Public-Works/Public-Services/Palo-Altos-Urban-Forest/Tree-Ordinance-Update-2022/Tree-Ordinance-Information
