DATE: August 19, 2025
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Title
Tree Preservation Ordinance: Introduce an Ordinance Amending the Hayward Municipal Code to Update Chapter 10 (Planning, Zoning and Subdivision), Article 15 (Tree Preservation Ordinance), Establishing New Regulatory Guidelines for the Designation, Removal and Mitigation of Protected Trees in the City of Hayward; Proposed Amendments to the 2026 Master Fee Schedule, and Finding the Proposed Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) of the CEQA Guidelines
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RECOMMENDATION
Recommendation
That the City Council adopts the Resolutions (Attachments II and III) supporting the Amendments to Chapter 10, Article 15 of the Hayward Municipal Code and the 2026 Master Fee Schedule, and introduces an Ordinance (Attachment IV) amending the Hayward Municipal Code for the updates to the Tree Preservation Ordinance for the City of Hayward and finds the action categorically exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) of the CEQA Guidelines.
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SUMMARY
Hayward Municipal Code Chapter 10, Article 15, (Tree Preservation Ordinance), contains guidelines for the preservation of existing trees and the process for removing, replacing, and mitigating the loss of trees covered by the Ordinance. A comprehensive update of the Ordinance, which was last amended in 2002, was included as Program NR-61 of the Natural Resources Element of the Hayward 2040 General Plan and listed as a Project (CP7) under Champion Climate Resilience and Environmental Justice, contained within the City Council’s Strategic Roadmap.
In May 2023, the City hired Dudek to help prepare the proposed updates, complete a citywide Tree Canopy Survey and prepare landscaping guidelines for the Hayward Executive Airport. The proposed updates are based on best practices in the field of tree preservation and landscape architecture, and support the broader equity, environmental, and sustainability goals of the City.
Work sessions related to these updates were held with the Planning Commission on September 26, 2024, and February 27, 2025, and with the City Council on September 17, 2024, and March 18, 2025. During those meetings, the Planning Commission and City Council provided feedback on several key policies for inclusion in the Ordinance. Following the work sessions, staff and the consultant team revised the Ordinance and presented the updated Ordinance to the Planning Commission for their recommendation on June 12, 2025. The Commission voted unanimously to recommend approval of the proposed amendments. As proposed, the Ordinance proposes the following major updates, which are discussed in greater detail within the report:
• Protection of native trees in rear yards
• Establishment of a sliding scale for Tree Removal and Tree Pruning Permits
• Added Heritage Tree designation, including new protection and removal guidelines
• Added an in-lieu option to allow for off-site mitigation
• Reduction of the permit duration from one year to three months
• Added protection of nesting birds
• Added Permit Fee exemptions
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution TPO Update
Attachment III Resolution Master Fee Update
Attachment IV Ordinance
Attachment V Draft Tree Ordinance Appendix