Planning an addition near a big oak or redwood? The protected tree removal permit Palo Alto requires is only part of the picture. Palo Alto and Mountain View also limit digging near protected trees, and in 2026 Palo Alto's planning director denied a rebuild because removing a protected redwood didn't meet the code's criteria.
This guide compares the rules in four cities whose rules we could read in November 2026: Palo Alto (Municipal Code Chapter 8.10, as amended by Ordinance 5612 in 2024), Mountain View (City Code Chapter 32, Article II), Sunnyvale (Municipal Code Chapter 19.94) and Cupertino (its tree protection page and permit application). San Jose's and Los Altos' tree pages didn't load for us, so check those cities directly.
What counts as a protected tree
All four cities measure the trunk 54 inches, or 4.5 feet, above the ground, but the sizes differ:
Palo Alto, section 8.10.020. Six native species (bigleaf maple, California incense cedar, coast live oak, blue oak, California black oak and valley oak) at 11.5 inches in diameter, or 36 inches around; coast redwood at 18 inches in diameter, or 57 inches around; and any other species at 15 inches in diameter, or 47 inches around, except listed invasive species and high water users on the state's WUCOLS plant list. Heritage trees, trees protected in a past development approval and required replacement trees count too.
Mountain View, section 32.23. A heritage tree has a trunk circumference of 48 inches or more, measured just below the first major fork on a multi-branched tree. Any oak, redwood or cedar 12 inches around or more qualifies, as do trees the council designates.
Sunnyvale, section 19.94.030. A protected tree is 38 inches or more in circumference, or 12 inches in diameter, as quoted in a 2026 Planning Commission staff report.
Cupertino. The city's page protects specimen trees of named species, such as native oaks, deodar cedar and California bay laurel, with a single trunk 12 inches in diameter or a multi-trunk of 24 inches, plus heritage, required and privacy protection trees, in all zones.
The arborist statement and what goes on your plans
Palo Alto's disclosure rule is section 8.10.040, as amended in 2024. Any application for development or demolition needs a statement by a designated arborist (an arborist certified by the International Society of Arboriculture or a similar body) disclosing each protected tree on the property, with its species, size, tree protection zone and location, on the plans. Plans must also show, by species, other trees 4 inches in diameter or more that are on your lot, in the adjacent public right-of-way or on a neighbor's lot within 30 feet of the proposed building footprint, or whose canopy overhangs the site.
There are two exceptions. A project that's only an accessory dwelling unit meeting the city's ADU table needs just a statement on whether protected trees are present, which you can complete yourself; see our mid-century ADU guide. And no disclosure is needed when the work doesn't change the building footprint and involves no grading, trenching, paving or landscaping change that could alter water to existing plants.
Mountain View may require a plot plan or an arborist's report with a removal application. Cupertino's permit application form, revised in 2017, asks for a justification statement, a site plan, a replacement plan and, if needed, an ISA certified arborist's report.
Protecting trees during construction
In Palo Alto, section 8.10.020(p) defines the tree protection zone as a circle with a radius ten times the trunk diameter, so for a trunk 20 inches in diameter the zone reaches about 17 feet out. The code counts trenching, excavating, altering the grade or paving within that zone as removal, along with excessive pruning: more than 25 percent of a tree's functioning leaf, stem or root area in 24 months, or more than 15 percent of an oak's functioning root area in 36 months. Section 8.10.030 makes the city's Tree and Landscape Technical Manual the source of standards for protecting trees during construction, so ask the city for the current edition before work starts.
Under Mountain View's sections 32.25 and 32.27, construction must not threaten a heritage tree, the city can require fencing and protective grading, and the ground within 4 feet of the base can't be cut, filled or compacted without approval based on an arborist's report. Constructing improvements within a heritage tree's drip line, the outer edge of its canopy, needs a permit of its own. Cupertino's page says trees must be protected during construction and encourages tree management plans.
When a city will approve removal for a project
For development on an R-1 or other low-density residential lot (other than a subdivision), Palo Alto's section 8.10.050(b) lets the urban forester approve removal, based on a designated arborist's report, only if one of these applies (an April 2026 staff report quotes the first two as current code; the last two come from the 2024 ordinance and its staff reports):
construction would kill the tree, and there's no financially feasible design alternative;
keeping the tree or trees would cut the otherwise permissible buildable area by more than 25 percent, counting all tree protection zones, with no financially feasible alternative;
the tree is dead, hazardous, a nuisance, crowding another protected tree, at risk of decline or poorly suited to its spot, and treatment isn't feasible;
removal is needed for an ADU under the city's ADU sections.
A design alternative is financially feasible unless saving the tree would add more than twice the tree's reproduction cost or 10 percent of the project valuation, whichever is greater. That April 2026 report concerned an appeal over an R-1 rebuild: the director had denied the project because the applicant hadn't shown that cost, and staff wrote that project objectives, such as a preferred home size and floor plan, aren't a criterion under the code.
Without a project, section 8.10.050(a) has its own reasons. After a removal on those grounds, the code allows a moratorium on developing the property of up to 24 months from the urban forester or 36 months from the planning director, so ask the city before taking a tree down ahead of a project.
Mountain View's section 32.35 weighs the tree's condition, whether removal is needed to build improvements or allow reasonable use of the property, and good forestry practice. Sunnyvale's section 19.94.060 needs one finding: the tree is diseased or damaged, a potential hazard, or sound but restricting the reasonable use or economic potential of the property. Its criteria for that last finding include whether removal is needed to build an addition.
Notice, appeals and timing
Palo Alto. A notice is posted on the property, and the applicant or any owner or resident within 600 feet can request a hearing within 14 days of that posting (section 8.10.140(c)); an October 2026 staff report says hearing notices are mailed within 300 feet. A removal permit expires after 12 months if the tree hasn't been removed, unless the permit says otherwise (section 8.10.140(a)(5)). Pruning a protected tree, beyond dead, diseased or broken branches, needs a notice posted seven days ahead, and pruning past the code's limits needs the urban forester's approval (section 8.10.070).
Mountain View. The tree is wrapped in yellow tape and a notice is posted. Appeals are due within 10 calendar days of the decision notice; the city council hears development-related appeals and the urban forestry board the rest. A permit is valid for two years, and a denial bars reapplying for the same tree for two years.
Sunnyvale. In the 2026 case, the community development director decided the permit, the appeal went to the Planning Commission, and notices went to owners and residents within 300 feet.
Cupertino. The city's page says public noticing is required.
Replacement trees and penalties
Under section 8.10.055, Palo Alto's urban forester approves the number, species, size and location of replacement trees under the Technical Manual, with locally native species first and a secondary goal of a net canopy increase on the property within 15 years. Section 8.10.110 lets a court assess a civil penalty of $10,000 per tree or twice the tree's reproduction cost, whichever is higher, for complete removal without a permit. If a protected tree is removed illegally during a project, the city issues a stop work order on the permits until a mitigation plan is approved, and replacement must be at least twice the usual ratio.
Mountain View can require replacement trees, fencing, protective grading, a security bond, or a fee or boxed tree for planting elsewhere; the fee is at least the cost of a 24-inch boxed tree of the same species, installed. Cupertino's page says the city may require replacement trees or an in-lieu fee and that a retroactive permit costs more than applying first; its 2017 application form says replacement trees in R1 and several other zones become protected.
Before you design the addition
Have an arborist map trees on your lot and next door before the footprint is fixed.
Check the protection-zone and drip-line rules before trenching for utilities, a foundation or a patio.
Build notice and appeal periods into the schedule, and on a street with a single-story overlay, check how tree and height limits together shape the addition.
This is general information as of November 2026, not legal advice. Tree codes change, and Mountain View's urban forestry board had a heritage tree ordinance update on its October 2026 agenda, so confirm current rules with your city's planning or urban forestry staff and a certified arborist before you design or dig.
Frequently asked questions
Do I need a tree removal permit in Palo Alto for a dead tree?
If it's a protected tree, yes: section 8.10.050(a)(1)(i) lists a dead tree as a reason the urban forester may grant a removal permit, not as an exception to the permit. A dead tree is a reason to approve removal, but the urban forester still issues the permit based on an arborist's report. Mountain View differs: it lets you remove a heritage tree the city arborist has determined is dead.
Can a neighbor's tree limit my addition?
It can. Palo Alto's section 8.10.040(b) requires plans to show trees on a neighbor's lot within 30 feet of the proposed footprint, so ask the city early how a neighbor's protected tree affects your design.
How long is a tree removal permit good for?
In Palo Alto, 12 months unless the permit says otherwise; in Mountain View, two years.
Related reading
Mid-Century Modern Landscaping: Water-Wise Plants and Hardscape
Mid-Century Modern Design Principles: Overhangs, Orientation and Glass
Sidewalk Repair Responsibility in California: Who Fixes What
More guides on this topic: Owning & Renovating a Mid-Century Modern Home
Planning an addition on a mid-century lot with large trees? Call or text the Boyenga Team at Compass at (408) 373-1660 or (650) 383-8606, or contact the Boyenga Team to talk through the lot before you design.
