Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1999-02-22 City Council (11)
City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 6 FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:FEBRUARY 22, 1999 CMR:145:99 SUBJECT:REQUEST FOR CITY COUNCIL TO CONSIDER AN APPLICATION TO DESIGNATE A COAST REDWOOD AS A HERITAGE TREE BY MR. AND MRS. OLMSTED, 3759 LA DONNA STREET, PALO ALTO RECOMMENDATION Staffrecommends that Council designate a Coast Redwood tree located at 3759 La Donna Street as Palo Alto Heritage Tree No. 2, as requested by the owners of the property (see Attachment A). BACKGROUND In 1996, the City Council enacted Ordinance No. 4362, effective January 1, 1997, in order to preserve and maintain specified native oak and heritage trees on private property and to protect them from removal, except in certain circumstances. Provision for persons to nominate a tree on their property as a heritage tree is found in the Palo Alto Municipal Code Chapter 8.10.090, Designation of Heritage Trees. After City Council approval of such designation, the tree is included in a listing, including such information as specific location, overall size, canopy spread, etc., and kept by the Department of Planning and Community Environment. Once designated, a heritage tree will be subject to the provisions of the Tree Preservation and Management Regulations, unless removed from the list by subsequent action by the City Council. To date, no heritage tree applications have been submitted by private citizens for City Council action. Heritage Tree designation No. 1 is reserved for the E1 Palo Alto Coast Redwood at E1 Palo Alto Park. CMR:145:99 Page 1 of 3 DISCUSSION The Coast Redwood meets the standards for heritage tree designation set forth in Chapter 8.10.090 and heritage tree checklist (see Attachments C and D). Written request, consent and family history of the property owners, Franklin Olmsted, Jean Olmsted and Ann Olmsted (see Attachment A), has been received along with a written analysis supporting the application by Ray Morneau, a local arborist certified by the International Society of Arboriculture (see Attachment B). The Olmsteds are additionally requesting to include two adjacent smaller trees in the Heritage Tree designation. However, staff recommends that only the large tree qualifies as a heritage tree and should remain as the single candidate. The large Coast Redwood is healthy, estimated to be over 100 years old, over 125 feet in height, with a trunk diameter of nearly five and one half feet. The tree is located outside the buildable area along the northern property line; therefore, no impacts on the tree from future development are expected. Staffrecommends this tree be designated as a heritage tree based upon findings that it is unique and of importance to the community due to the following factors: (1) (2) (3) (4) It satisfies PAMC Section 8.10.090 requirements; It is an outstanding specimen of a desirable species, It is one of the largest and oldest in Palo Alto; and It possesses distinctive form, size, age and location. The Olmsted application will be designated Heritage Tree No. 2. Staff anticipates that if this initial application is approved, it will set the pattern to encourage other Palo Altans to nominate significant trees for heritage tree status and to enjoy the benefits of protecting property value and enjoyment that are associated with such a designation. RESOURCE IMPACT There are no resource impacts resulting from the designation. POLICY IMPLICATIONS The recommended action is consistent with existing City policies. TIMELINE After designation as a Heritage Tree by Council, the Heritage Tree will be recognized as such immediately. ENVIRONMENTAL REVIEW The Heritage Tree action is exempt from provisions of the California Environmental Quality Act (CEQA), Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the designation will have a significant effect on the environment. CMR: 145:99 Page 2 of 3 ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Olmsted Heritage Tree Request Ray Momeau, Arborist Report Tree Preservation and Management Regulations, Ordinance No. 4362 and 4538 Heritage Tree Checklist PREPARED BY: Dave Dockter, Planning Arborist DEPARTMENT HEAD REVIEW: G. EDWARD GAWF Director of Planning and Community Environment CITY MANAGER APPROVAL: Assistant City Manager cc:Franklin, Jean and Ann Olmstead Canopy, Trees for Palo Alto CMR: 145:99 Page 3 of 3 Attachment A HERITAGE TREE REQUEST FOR COAST REDWOOD (Sequoia sempervirens) Franklin, Jean, and Ann Olmsted 3759 LaDonna Palo Alto, CA 94306 o 650-493-3468 May 1, 1998 240 West Charleston Road Palo Alto, California 94306 April 23, 1998 The City Council of the City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Subject: Request for Heritage Tree Status Dear Council Members: This is our letter of request for heritage status for a large and beautiful redwood tree that is growing on our property at 3759 La Donna in Barron Park. We believe the tree meets the standards for a heritage tree set out in Municipal Code ordinance 8.10.090. It is an outstanding specimen of redwood tree. It is a very large tree. We do not know its age, although we do know that it was an impressive size in 1966 when Frank Olmsted (Franklin’s father) purchased the property. Certainly the tree is unusually big. If the tree ordinance is flexible enough, we would like to include two adjacent smaller trees, probably offspring of the larger tree, which are a part of.this family group. They shade the larger tree and, we believe, help keep it healthy. According to measurements taken on March 3, 1998 by David Dockter, City of Palo Alto Arborist, the main tree is 17 ft. 8 inches in circumference and 5 1A feet in diameter at breast height. The crown spread is 57 t}et. The height of the tree as measured by Franklin Olmsted is 125 feet. We are attaching pictures of the tree, a page showing the location of this tree and other trees on the lot, and a report from an arbo~’ist supporting this application. If any of you have time to visit the tree, you are very welcome. Please call us at 493-3468 to arrange a visit as the house is now rented while Ann is away at school. We are seeking heritage status to secure as much protection as possible for this tree or tree family because we believe that it is both an asset to the City of Palo Alto and to ourselves. Sincerely, Franklin Olmsted--Jean Olmsted--Ann Olmsted ¯ L~DOI’,,fNA ,_sTT RAY MORNEAU ~’ ARBORIST ~ Attachment B 1354 Dale Ave. #8, Mountain View, CA 94040 ¯ Telephone: 650-964-7664 eMait: rmarborist@aohcom* http://members.aol.com/RMArborist Coast Redwood Certified Arborist’s Report Property Mr. & Mrs. Olmsted 3759 La Donna Street Palo Alto, California Date April 20, 1998 Contents 0.1 Scope & Purpose 1.0 Brief Historical Perspective 2.0 Tree’s Status Quo 3.0 Future Care 0.1 Scope & Purpose Mr. and Mrs. Olmsted have contacted me as owners of the property at 3759 La Donna Street in the Barron Park area of Palo Alto. Growing on this property is a magnificent Coast Redwood tree which is being presented for "Heritage Tree" status since it meets several determin!ng criteria. The details observed and noted for this report would overwhelmingly support the City Council’s acceptance ofth~ subject Redwood tree as a Heritage Tree. We also address this tree’s future care for any subsequent owners, neighbors, and citizens. Ray Morneau, Arborist: Olmsted’s Redwood at 3759 La Donna, Palo Alto. 1.0 Brief Historical Perspective Trees have been a thread running through the City ofPalo Alto’s history. For centuries, the local Native Americans gathered deadwood for fuel, ground acorns into meal, and used Poison Oak for several purposes (including dying, basketry, and food). In the early 1800’s, sawyers harvested area oaks and redwoods. In recent decades, Palo Altans have enjoyed living in the shade of its neighborhoods’ trees. This city is a namesake of a Coast Redwood named "el Palo Alto". Now in the millennium-old range, that specimen still towers 125’ above the top of the creekbank beside the Southern Pacific Railroad bridge. It may have been over 170’ tall in 1769 when the Portola expedition set up its basecamp there and used it as a retum reference point while exploring the area. Before the Ice Age, morse than forty species of Redwoods covered much of the northern hemisphere. Fossil records have been recovered in China, Russia, Europe, and across upper North America. The cold accompanying the glaciers drove the Coast Redwoods (the world’s tallest trees) back to a 25-mile swath along the upper Califomia coast. Coast Redwood trees are in the genus Sequoia, named after Cherokee Chief Sequoyah, scholar and inventor of the written Cherokee language. Ironically, Chief Sequoyah never saw the tree named after him. Barton Park is a sylvan neighborhood of Palo Alto which was not incorporated into the city until 1975. The "woodsy" atmosphere has been treasured by the community’s residents both before and after annexation..When Edward Bah’on purchase the Sarah Wallis estate in 1878, he reportedly used the tract along La Donna Street for his arboretum nursery. Real estate agents were even said to be listing lots here in 1949 as being in "La Donna Gardens". Further research could easily hypothesize that the subject Redwood may be more than 100 years old. Throughout Palo Alto, progress has brought development and pavement at the expense of trees and with the forfeiture Of space required for their roots. Time has shown that trees help to preserve and protect a city’s, and its neighborhood’s, aesthetic and scenic beauty. Those are subjective merits. Objective benefits include: improving climatic balance, providing shade; modification of flood hazards and the risk of landslides; diminishing effects of high winds; counteracting pollutants in the air; providing privacy; supplying habitat to a variety of wildlife species; preventing erosion of topsoil; and protecting valuable historical and community assets. All the while, trees increase property values. Fonvard-looking Palo Alto joins other Bay Area municipalities with ordinances which help manage and preserve its urban forest resource. For instance, Sunnyvale lists trees important to the city on their website, calling out addresses of those declared heritage trees by council resolution (http://www.jps.net/hwatease/REDWOOD.html). April 20, 1998.Page #2 ot~ 7. Ray Morneau, Arborist: Olmsted’s Redwood at 3759 La Donna, Palo Alto. 2.0 Tree’s Status Quo (Description & Discussion) 2.1 Scientific (Botanical) Name" Sequoia semperviren.,’. (Common Name: Coast Redwood.) 2.2 Size:Trunk Diameters (dbh): main = 64.2", southwest = 26.2", south = 17.9". Root Crown Diameters: main = 92.0", southwest = 31.8", south = 23.5". Foliage Crown Span (radius): 25’ (except 12’ over NW neighbor’s driveway). Height: 125’. 2.3 Location: Backyard: trunk center is -84’ northeast back-o}’-curb (from La Donna Street); trunk center is -6’ southeast of fence (base of trunk = 3.5’ from fence); trunk center is -35’ southwest of back fence line; and trunk center is ~42’ northwest of side fence line. 2.4 Condition: Factor Variation Range Mar 23 Leaves / Buds "Normal size/color" to "Major problems."20 to 0 15 Twigs/Branches "Typical" to "Short / Misshapen."20 to 0 16 Scaffold limbs "No defects" to "Structural problems".20 to 0 16 Trunk "Solid; Clean" to "Insect or decay problems".20 to 0 17 Roots "Clean" to "Severe, obvious problems".20 to 0 12 Percentage 76% Category "Good" 215 Major Characteristics & Discussion: (!) Observed from a distance this Coast Redwood appears vigorous and robust. Its pyramidal form is relatively even. This is in contrast to some which, upon encountering a change in conditions several years ago, now show a stunted upper foliage crown. This Redwood’s status is now young, approaching maturity, and its vigor is robust, having slowed somewhat from its juvenile tempo. An important consideration for its future will be to maintain the density of green leaves to feed this tree to sustain its massive system, so it maintains that status quo rather than starting to decline. ® This Redwood tree’s foliage crown density is moderately dense. The leaves and buds on the twigs are typical size for age. Recent years’ growth is also average (3" to 7" annual average for past three years). No significant deadwood has accumulated since the latest pruning. Although, it would be unusual for a Redwood to require much pruning. Rapid development of deadwood would be a flag pointing to a greater problem, a major stress. A minor accumulation of deadwood is part of the phenomenon of shedding which is a natural process for all living things (like spent hair and skin cells for humans and April 20, 1998.Page #3 of 7. Ray Morneau, Arborist: Olmsted’s Redwood at 3759 La Donna, Palo Alto. 3.0 our pets). The rate of accumulation is a relative measure of a tree’s rate of decline. ¯ This is not a declining specimen. No disease was observable. There are very few diseases which are problems for Red\voods. A fungus disease named Botryosphaeria can infect Coast Redwoods, but in this area is much more likely to occur in Giant Sequoias (in theSequoiadendron native to the Sierras rather than in the Sequoia of the coast range). That fungus was not seen on the subject Redwood. @ This tree’s structure for limb attachment is typical of redwoods. The trunk appears sound ~vith no loose bark, scrapes, or wounds (other than old pruning of only the lowest branches). The sound trunk is further evidence of this tree’s vigor. The presence of the two smaller trunks beside the main trunk is important. These have foliage crowns which are interdependent with the one from the main stem. All three trunks in this stand should be considered part of the one tree for the purpose of the Heritage Tree designation. ® A cursory root crown inspection finds the root flare at grade, well-buttressed, and intact. My cursory root crown excavation found no fungus under the bark in the root flare area. This is another very positive sign. This is likely a major contributor to this tree’s vigor. Limited root zone disturbance and only minimal stress from past projects (e.g., patio concrete years ago) have allowed this Redxvood to thrive. It is still too early to assess the impact of the recent construction project just across the fence. ® The concrete patio slabs were installed when this tree was younger. It was perhaps more resilient in its response t0 the construction than it would be today to the same level of activity. One would not expect to undertake a project of such scope at this time in this tree’s life (or attempt to renovate the current slabs). Such a job would require that special precautions be taken to minimize stress on this Redwood. If this cement is to be removed, workers must be especially careful during the project. Tractors or other power equipment must not scrape, compact, or otherwise disturb the soil surface beneath this Redwood’s foliage canopy. Much of the work might need to be done by hand, or at least implementing special tree protection measures. If it becomes necessary to design and arrange for any construction in the vicinity of this tree (at least on any of the contiguous lots), the City of Palo Alto Planning Department Arborist must be consulted. Future Care The Redwoods lost to the Ice age died a natural death. If we provide I " protection and care, this one might grace the earth until the next ice age. 3.1 Monitoring: 3.1.0 To have this statuesque Coast Redwood gracing the Palo Alto urban forest, this tree’s environment would ideally be kept as much like a redwood forest as possible -- no introduced exotic plants within the dripline, surrounded by the softening effect of April 20, 1998.Page #-4 of 7. Ray Morneau, Arborist: Olmsted’s Redwood at 3759 La Donna, Palo Alto. 3.2 other trees rather than more structures which artificially reflect heat, no root loss beneath the foliage canopy (grading, scraping, trenching, ...) 3.1.1 The people most consistently and frequently on site will be those living here. They will be the front line in this tree’s care and nurturing. It must be made easy for them to ask questions and to pass on information when they notice something about this Redxvood needing attention. 3.1.2 A Certified Arborist should periodically inspect the tree. A typical inspection cycle for a red~vood of this age and stature might be three to five years, but obviously shorter if there are changes in its condition or its environment. Items which might be noted with particularity include: Mulch: Trees benefit from a 3" to 4" deep layer of mulch spread evenly over their root zones, but not touching the trunk or root flare. To the extent that this tree is mulched, the mulch material can be kept relatively evenly distributed. It currently has an exquisite accumulation of redwood duff approximating the conditions of a forest floor. Root zone moisture: During the driest, hottest times of summer, supplemental watering can be helpful. Dependingon the water budget available, consider a couple of summer applications of 500 to 1000 gallons of \vater dispensed evenly over the area beneath the foliage canopy slo\vly enough to soak in without runoff. Ideally, these would occur about the first of August, September, and October. Most plant material would prefer an evenly moist root zone so sections of rbots do not dry out and die. Nevertheless, the Redwood will do best if irrigation water is not applied to the area immediately adjacent to the root flare, generally keeping it back at least two feet. A constantly moist root flare provides a hospitable site for fungi to thrive in a super-sensitive area. Damage: Remember to look up into the tree. Any breakage should be removed .to minimize weight added unexpectedly to other areas resulting in further breakage. Maintenance: Tree maintenance is difficult to schedule like clockwork, especially on mature sites. Some of the maintenance issues are discussed under the heading above (3.1 Monitoring). 3.2.1 Pruning: Any trimming must be done according to published standards. Several are combined as the basis for tree work in the United States, including: Tree Pruning Guidelines (International Society of Arboriculture, ©1995), American National Standard for Tree Care Operations -- Tree, Shrub, and Other g"oody Plant Maintenance -- Standard Practices (a. k.a.: ANSI A300- 1995), and April 20, 1998.Page #5 of 7. Ray Morneau, Arborist: Olmsted’s Redwood at 3759 La Donna, Palo Alto. American National Standard for Tree Care Operations --Pruning, Trimming, Repairing, Maintaining, and Removing Trees, and Cutting Brush -- Safety Requirements (a.k.a.: ANSI Z133.1-1994). Cut placement (positioning), selection, and technique are so important to the final result-- longevity of the tree, that it is important to have certified tree workers (or equivalent staff) doing the hands-on tree work, supervised by a certified arborist. Another important concept which pruning personnel must understand is that a tree’s leaves are its food producers. By photosynthesis, its leaves/needles manufacture carbohydrates. Pruning puts a tree on a diet -- over-pruning puts it on a starvation diet. Over-pruning encourages a wide variety of other problems, too, including but not limited to: ¯destruction of the canopy micro-environment, ¯exposure of once-shaded tissue to sunscald (desiccation), ¯stimulation of latent buds to grow as watersprouts (colloquially called "suckers"), o reduction of the tree’s ability to protect and defend itself against insect and pathogen attack, ¯likely loss of structural strength, and ¯general deterioration of the tree’s health and vigor. Typically, mature Redwoods require very little pruning. Older trees slow down in vigor. They produce fewer green leaves (needles) for the amount of wood to be supported. This naturally shifts the foliage canopy ratio from high-nitrogen leaves more toward high-carbon woody tissue. Considering all of the above, it would be easy to over prune this particular Redwood tree. As a guideline, no more than five to ten percent (5% to 10%) of the green foliage should be removed from this tree overall (or from any area of the foliage crown). Also, it should not need trimming every year or two; trees of this size often can go five to ten years between trimmings. 3.2.2 Fertilization: Care must be taken to avoid over-fertilization. It is not a good reason to fertilize merely because it is on sale or a tree care firm is aggressively marketing it. Ideally, one follows the recommendations of a reputable lab performing a soil.analysis. Nevertheless, sometimes a general rule is adopted to apply, in alternating years, one-quartei" to one-half (0.25 to 0.5) pounds of actual nitrogen per 1000 square feet of soil surface beneath a mature tree’s foliage canopy. 3.2.3 Approximately 8’ by 10’ concrete patio slabs now cover about 30% of this Redwood’s root system. Consider that the new construction across the fence has disabled a substantial portion of roots, maybe 40%. Removal of (some of) the concrete slabs would be a positive step for the tree. Perhaps a relatively even surface comparable to the slabs is preferred. Water- and gas-permeable options for an alternative surface could include: bricks, pavers, flagstones, or such set on a couple of inches of sand placed on grade (no excavation April 20, 1998.Page #6 ot"7. Ray Morneau, Arborist: Olmsted’s Redwood at 3759 La Donna, Palo Alto. into upper soil horizon and no mortar joints); a deck suspended on pier blocks; crushed rock. 3.2.4 As long as we are talking about surfaces with exclude oxygen and water needed by roots, this tree would also appreciate a more-root-friendly surface in place of the new driveway across the fence. Although it is not likely to be replaced within the next decade or two, when even partial replacement could be considered, discuss using an alternative surface near the tree (at least for any area beneath the branches). 3.2.5 Any time an impervious surface is removed (patio slabs or driveway), the soil compaction beneath should be evaluated by an arborist and soil aeration considered. Remediation is often attempted by drilling 2" diameter holes, 18" deep, on 24"- to 36"-centers, backfilling with horticultural perlite. 3.2.6 Basal sprouts are a natural common phenomenon for some Redwood trees. Indeed the two smaller trunks here could have originated as basal "suckers" years ago. Industry literature shows no clear cut reason for either keeping or removing them. There is the risk that some will grow larger and larger over the years and eventually become substantial. How much to prune down such growth can be assessed from time to time, but for now nothing appears to be needed as the level of attention in recent years seems to be keeping the sprouts from being a problem for the general area. 3.2.7 Other: Additional maintenance issues like watering and mulching are addressed in the "3.1 Monitoring" section, above. Future Projects: 3.3.1 Retaining the community’s Heritage Trees sometimes exceeds a single individual’s efforts. It will be encouraging to see neighbors and adjacent property owners obviously taking this part of the urban forest into account in their development of their properties. 3.3.2 Tree protection measures are essential on jobs in the vicinity of trees to be retained after the completion of the project. Sometimes, it is necessary to re-draw and re- design in order to save trees on construction sites -- obviously, special situations like this would call for special tree protection measures. The Municipal Planning Arborist and the Project Arborist must be brought into any project at the earliest planning stages. Respectfully submitted, ISA Certified Arborist #WC-0132 April 20, 1998,Page #7 of 7. Attachment C ORDINANCE NO. 4538 ORDINANCE OF THE COUNCIL OF THE:CITY .OF PALO ALTO EXTENDING THE OPERATION OF~URGENCY ORDINANCE NO. 4478,-~ORDINANCE OF .THE COUNCIL OF THE. CITY OF PALO ALTO PROHIBITING THE REMOVTKL ~OF SPECIFIED PROTECTED OAK TREES, IMPOSING.PENALTIES FOR SUCH .REMOVAL, AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY,’~ THROUGH JULY 31, 1999 AND DECLARING THE URGENCY-OF THE EXTENSION, TO TAKE EFFECT IM~4EDIATELY follows: The City council of the city of-Palo Alto does ordain as SECiION I. Findings. -The Council findsand declares, based upon written and oral testimony presented and considered on "December 14, ~!998: ~ A. Preservation-of native-oak.trees is amportant to the City of Palo Alto for many reasons, "including but not limited’to conservation of the aesthetic and scenic beauty and~heritage of the City, and furtherance of the public health-and safety by aiding~in the reduction of air pollution, provision of shade, .and absorption of-rainwater B. In 1996, the City Council enacted Ordinance-No. 4362, effective January I, 1997, in order to protect specified ~native oak trees from removal, except in certain circumstances. ~ C. In February of 1997, the City Council enacted Urgency Ordinance No. 4478 upon discovering that Ordinance No. 4362, as adopted, failed.to adequately protect certain trees which had trunks located outside the building area but substantialbranching or root penetration, or both, in the building area. While the tree at 450 Sequoia which brought the deficiency in the ordinance ~to light has been protected by the owners of the property, in compliance with the City’s requests, a significant number of trees are at risk. D. In recent years there has been substantial demolition and redevelopment, as well as in-fill development, in the City of Palo Alto. This type of development occurs on properties with large oaks and other protected trees, and it jeopardizes, their survival. If they are not protected, both during construction and by appropriate design of replacement structures, the City will lose irreplaceable assets. 981229 wsf 0090065 1 E. If ~ Ordinance No~ 4478~"is .not ’~xtended, currently protected oaks will~be’at~risk because 0f-new ~development. During thetime that Ordinance No. 44778 has be~n in effect, a number of new developments have been~designed in a manner that permitted new construction while saving protected trees. ~ . F. It is necessary for the preser4ation of the public health and safety Go enact as an emergency measure an ordinance continuing temporary restrictions on the~removal of specified oak trees inorder to maintain the status quo while the study and review of permanent amendments is completed. The reason for the urgency is that Palo Alto Municipal Code Chapter 8.10, would permit removal of so-called "protected tzees," even if they are outside the allowable building footprint. As a result, certain protected trees could be removed~unless urgency action is taken. SECTION 2. Section 6 of Urgency Ordinance No. 4478, "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO PROHIBITING THE REMOVAL OF SPECIFIED PROTECTED OAK TREES, IMPOSING PENALTIES FOR. SUCH REMOVAL, AND DECLARING THE ~URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY," adopted by the Council on February 2,,1998, is-hereby ~amended to read as follows: ~ ~ ~ SECTION....6.Effective Dat~. Ordinance 4478 shall cease to have force and effect on July 31, 1999. SECTION 3. E..ffective Date. effective immediately upon adoption. ~This-ordinance shall be .sECTION 4. The Council finds that .this project is exempt from the provisi’ons of the Environmental Quality Act (~CEQA") because it can be seen with certainty that there is no possibility that this project will have a significant .-effect on the environment, and because.this ordinance .falls within the emergency project exception to CEQA set forth in Section 15268 of the CEQA Guidelines. II II II II 981229 wsf 0090065 2 This ordinance was introduced at a regular meeting of the Council of the City of Palo Alto on Monday, December~14, 1998, and was passed by a four-fifths-vote of all Council members present at the meeting as follows: INTRODUCED AND PASSED:December 14, !998 AYES:EAKINS, HUBER, KNISS, MOSSAR, OJAKIAN, ROSENBAUM, SCHNEIDER, WHEELER NOES : ABSTENTIONS:FAZZINO ABSENT: ATTEST : ~ City’Clerk APPROVED AS TO FORM: Senio~ Asst. City Attorney Director of PI~ ~ and Community Environment 981229 wsfO090065 3 ORDINANCE NO. 4362 ORDINANCE 09 THE COUNCIL OF THECITY OF PALO ALTO ADDING CHAPTER 8.10 TO TITLE 8OF THE PALO ALTO MUNICIPAL CODE~REGARDING TREE PRESERVATION AND MANAGEMENT REQUIREMENTS’ The .Council of the .City of Palo Alto does ORDAIN as follows:-’~ 8.ECTION ~. The City C~ncilfinds as follows:~ (a) The City of Palo Alto isendowed’and ¯forested .by ’native oaks and other heritage trees which givethe City a uniqhe visual character and enhance property values.-. The vestiges of the original abundant oak forest, so wel~ adapted to much of this region, are increasingly threatened after more than a century of development. Preservation and maintenance, of the remaining healthy native oaks and~ other heritage~trees will retain their great historic, aesthetic, and environmental value for the benefit of al! residents. .Preservation of these trees is’ impo.rtant for the foll~wing reas0ns~ ...... r (I) To ~.protect and conserve the aesthetic and scenic beauty of the City; ~ (2) To_.encourage ~and~ assure quality development ; ~(3)To protect thiSenvironment of the City; (4)To ~id in the reduction of air pollutiob by~ protecting the known capacity of trees to produce oxygen~and ingest carbon dioxide; ~ ~(5) To h~ip reduce p~tentia~! damage from wind; (6) (7) To provide shade; To protect~property values; To act’ as a noise barrier; a~d (9) To assist in the absorption of rainwater innc the ground, thereby protecting a~ainst po~entia! damages.from soil erosion and f!ooding, as wel! as reducing the cost of handlin~ storm water by artificial means. (D) In order to promote the~health, safety, and’genera! welfare of £he residents of the City, while recognizing the interests of property ~owners in developing, maintaining, and enjoying their property, it is necessary to enact regulations for protection of specified trees on private property within the City. SECTION 2. Chapter 8.10 is~hereby added t~ Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code to read as "follows: CHAPTER 8.10 TREEPRESERVATION~ AND MANAGEMENT REGULATIONS 8.10..010 Purpose. The purpose of this Chapteris to promote the health, safety, welfare, and quality of life of the residents of the City through the protection of. specified trees located on private property within the City, and the ~stablishment of standards for removal, maintgnance, and planting of .trees. In establishing these procedures and standards, it~is the. City’s intent to encourage, t~e preservation of trees. 8.10.020 Definitions. For the purposes Of this Chapter, the following definitions shall apply:~ ; (a)’""B~ilding Area" means that ar~a of a parcel (I) upon which, under applicable zoning regulations, a structure may be built Without a variance, design enhancement exception, or home improvement exception, or ~ (2) necessary for construction of primary access to structures located on or to be constructed on the. parcel, where there exists no~feasible- means of access which would avoid protected trees.-. On single-family residential parcels, the por.tio.n. ¯ of the parcel deemed to be the Building Area under this paragraph (a) (2) shall not exheed ten (i0) feet in width. (b) ~"Dangerous" means an in=ninent hazard or threat to the safety of persons or property. (c) "Development" means any work upon any property in the City which requires a subdivision, planned community zone, variance, use permit, bui!dingpe.~mit, demolition permit, or other City aDDrova! or which involves excavation, I ands caDing or construction within the d~Dline____ =~==-___ of a protected tree. (d) "Director" means ~Zhe Director of P!Knning .and Community Environment or his or her designee. (e) "Discretionary ~develoDment approva!" means plan~ed community zone, subdivision, use permit, variance, home improvement exception, ~de~ign enhancement exception, or Architectural Review Board approval. (f) "Dripline Area" means the area within X distance from the trunk of’ a tree, measured from the center, where X equals a distance ten (i0) times the diameter of the trunk as measured 4~ feet (54 inches) above natural.grade. 960~07 la¢ 00S0255 2 third period. "Excessive pruning" means removal of more than one- of the foliage of a tree in.anY twelve (12) month (h)."Protected tree" means: (I) ~Any tree ~of thee SPecies Querc~s agrifol:ia (Coast Live Oak) .or Quercus lobata (Valley .Oak) which is eleven and one-half (Ii.5) <finches in diameter ~(36 inches in circumference) or more when mea~ure~our and one-half (4.5) feet (54 inches) abov~ natural " -. ’ [~j A heritage tree designated by the City Counci~ in accordance with the provisions of this Chapter. ~(i)"Remobe" means any bf the fol~owing: (i) -Complete removalisuch as cutting t0 the ground or extraction, of a tree. (2) Taking any action foreseeabiy leading to the death~of a tree or permanent damage to~its~health, ’including but not limited to.excessive pruning, ~cutting~~ g~rdling, ~poisoning, overwatering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade,~or paving ~ithln the ~dripline area of a tree. - (j) "Tr~e" means ~ any woody_ plant ~which has a .trunk four inches or more in diameter at four.andone-half (4.5i fe~t above natural grade level. - (k) "Tree report" means a repQ~t prepared by an arborist certified by the International Society of Arboriculture or~another nationally’ recognized tree research,_ .care~ and preservation organization. (i) "Tree Technical Manual" means the regulations issued. by the City Manager to implement this Chapter. 8.10.030 Tree Technical Manual. The City Manager, through the.Departments of Oubn~c Works --; Planning and Community .Environment, shal! issue regulations necessa!-y for im~!ementation of this Chapter,~ which shal! be known as the Tree Technical Manual. The Tree Technica! Manua! wil! be made readily available to the public and shal! include, but n~e~ not be limited to, standards and specifications regarding: (a)" Protection of trees during construction; (b)Replacement of trees allowed to be removed pursuant to this Chapter; (c) _ -Maintenance of protected trees (ingluding but not limited to pruning, irrigation, and protection from disease); 9~0g07 la¢ 00g0255 (d)- The~ format and content of tree~ reports required to be submitted to the City pursuant to this Chapter; (e) The criteria for determining dangerous,~withi~ the meaning of this C~apter. "8.10.040 Dis.c!0sure of Informa~ion.~Regarding Existing Trees. -, whether a tree is (a) Any application for discretionary- development approyal, or for a building or demolition permit where no discretionary development approval is required, sha~l b~ accompanied by a Statement~ by .the property owner or authorized agent which discloses whether any protected trees exist on th~ property which~ is the subject of the application, and describing each such tree, its species, size, dripline area, and location. This requirement shall be met by including the information on plans submitted &n connection with the application. (b) I~ addition, the location of all other trees On the site and in the adjacent public r!ght~ of _wa~ which are within ~thirty (30) feet.oof the area proposed~for development, and trees located on adjacentproperty with canopies overhanging the project site, shall be shown on the plans, identified by species. (c)~_ The Director may require submittal of such other information as is necessary to further the purposesbf this Chapter including but not limited to photographs. (d) Disclosure of information pursuant to this Section shall not be required~when the deve!oPment_for which the approval or permit is sought~ does not involve any_ Change in building footprint hor any grading or paving. (e) Knowingly or negligently providing false or misleading information in response to this disc!osure re_quirement shall constitute a~violation of this Chapter.~ 8.10.050 Prohibi~edActs. it shal! be a violation of this Chapter for anyone t% remove or cause to be removed a protected tree, excep~ as allowed in thisSection:¯ - (a)In the absence of development, no protected t~ee shall be removed unless determined by the Director, on the basis of a tree report.provided .by the applicant and any other relevant information, that the tree should be removed because it is dead, dangerous, or constitutes a nuisance under Section 8.04.050(2) of this Code. (b) In the case of development on a single family residential lot other than in connection with a suDezvzs~o , 960507 hc 00~0.~55 4 (i) No protected tree shall be removed unless it is located in the Building Area, or the Director determines, on the basis.of-a tree report provided by the applicant ~and any other relevant information, that the tree should be removed because-it is dead, dangerous, so close to the Building Area that construction would result in the death.of the tree, or constitutes a nuisance under Section 8.04.050(2) of this Code" ~ . ,. : ¯’(2) If removal ~is allowed ~bec~use the tree is located in~ the Buildin£" Area, or because the Director has determined that the tree is so close to Building--Area that construction would result in the death of ’the tree; the tree -removed shall be replaced in accordance with the standards in t~e Tree Protection Manual. .. ~ (c) In all circumstances other than those described in paragraphs (a) and (b) of this Section, no protected tree shall be removed unless one of the following applies: (i) The Di~ecto~ deter~inls on the basis of a tree .report provided by applicant and any .other relevant information .that the tree should be removed because it is dead,~ dangerous or constitutes a nuisance under Section8.04~050(2). In such cases, the drip line area of the removed tree, or an ~quivalent area on the site, shall be.preserved from development of any structure ¯ unless removal would have been permitted under paragrap~ (2), and tree replacement in accordance with the standards in ~.~he Tree Technical Manua! shal! be required. ~ " ~ -~o~ -~ (2) Remova! is perm~itted as part of project approval under Chapter 16.48 of this Code, because reteniion of the’ tree would result in reduction of the otherwise-permissible Building Area by more than twenty-five percent (25%). In such a case, the’ approval shal! be conditioned upon replacement in accordance with the standards in the Tree Technica! 5~anual. 8.10.060 and 18. I~o Limitation of Authority Under Titles 16 Nothing in this Chapter limits or ~odifies th~-e~is~in~ authority of the C~ty under ~hapter !6.~S of Title (~rchitecturai Review) and Title 18 (Zonin~ 0rdinance)~ to!e~aire trees and other D!ants not " =~=" " "_ cov___~ by tn!s Chapter to .bei~=~t~=~ ~ =~-~ =" protected, and/or Dlan~ed as conditions of the approva! of development. In the .evenz of conflict betw@en provisions of this Chapter and conditions of any permit or bther approva! granted pursuant to Title 16 .or Title 18, the more protective reguirements_shal! prevail. 8.10.070 Care of Protected Trees. (a) All owners of property containing protected trees shall follow the ¯maintenance standards in the Tree Technical Manual. ~-~ (b) The standards, for p~otection of trees during .construction contained in the Tree Technical Manual shall be followed-during any development on property containing protected trees; . 8.10.080 .~Development CondltlOnSo.¯ o(a)Discretionary development approvals for property containing protected trees will "include appropriate conditions providingfor the protection of.such trees during constructibn and .for maintenance of the tr4es thereafter. (b) It shall be’ a violaZion-of this Chapter for a~y property owner or agent of the owner to fail to comply with aDy development approval condition concerning preservation, protection, and maintenance Qf any tree, including but not limited to protecte~ trees. - 8. i0.-090 Designation of Heritage Trees. (a)’ "Upon~nomination by any person and with th4 written consent-of the property owner(s), the City Council may designate a treeor trees as a heritage’ tree. (b) A tree may be designatedasia heritage tree upon a finding that it ~is unicue ~nd of importance to the community, due to any of the following f~ctors: ~ ..... " ’ - ~ (I) it is an outstanding specimen of a desirable s~ecies; : -" Palo Alto; ~(2)It is one of the largest or oldest trees in tlnctlve form,(3)It possesses dis ’ ~ location, and/or historical significance. size, ,age, (c) After City Council approval of a heritage tree designation, the City Clerk shall notify the property owner(s) in writing. A listing of trees so designated, including the s~ec!fic locations thereof, shal! be kept by the Departments of Public Works and Planning and Co,-~.unity EnviroD_ment. (d) Once designated, a~heritage tree sh~!l be subject to the provisions of this Chapter-unless removed from the list of heritage trees by actien of the City Council. The City Council may remove~a tree from the list upon its-own motion or upon request. Request for such action may originatein the same manner as nomination fo~ heritage tree designation. 8.10.100 Responsibility for Enforcement. The following designated employee positions may enforce the provisions of this Chapter by the issuance of citations: chief 6 building official, assistant building official, code enforcement officer, planning arborist. - : 8.10.110 ~-Enforcement; Penalties. In’add~ti0~ to all other remedies set forth in this Code or otherwise provided by law, the following remedies sha~’l be available to the City for violation of this Chapter: (a) .Stop work; temporary moratorium. (i) ~If aviolation occurs during developm4~t, the City rday issue a stop work order suspending and prohibiting furthest activity .on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the Director, agreed to in writin~ by the property owner(s), and either implemented or guaranteed by the posting of adequate.~security. The ~mitigation plan shall include measures for protection of any remaining trees on the property, aid. shall provide for replacement of each tree removed on the property or at locations approved by the Director~f Planning and Community Environment and-by the Director of Public Works, if replacement is to occur on public-property. -The replacement ratio shall be in accordance with the standards set forth in.the Tree -Technica! Manual, and shall be at a greater~ ratio than that required where tree removal is permitted pursuant to theprovislons .of this Chapter. ~ ~ (2) If a violation occurs in the absence..of development, or while an application, for a building permit or’ discretionary deve!opment approval for the lot upon which the tree is located is pending, the Director may issue a temporary moratorium’ondevelopment of the subject property, not to exceed eighteen ~onths from the date the violation occurred. The purpose of the moratorium is to provide the City an opportunity to study and determine appropriate mitigation measures for the tree removal, and to ensure measures are incorporated into any future development aDDrova!s for the property. Mitigation measures as determined by the Director shall me ~posed as a condition cf any subsequent pe_~c~.its for deve!opment on the subject property. (b)Civil menaities. (i) As par~ of a civil action brought by the City, a court may assess against any person who come, its, al!ows, "or maintains a violation of any provision of this Chapter a civi! penalty in an ~mount not to exceed $5000 per violation. (2) ~nere the violation has resuited in removal of a tree, the civil penalty shall be in an ~ount not to exceed $5000 per tree unlawfully removed, or the replacement value of each such tree, whichever a mountis higher. Such amount .shall be payable to City. Replacement value for the purposes of this section shall be determined utilizing the most recent edition of the Guide for Plant 960g07 l.~a 00g0235 7 Appraisal~ published by the Council of Tree ~ and Lindscape .Appraisers. ¯ ¯ - (c) Injunctive relief.~ A°hi~il action may be commenced’ to abate, enjoin, or otherwise compel_ the cessation of such violation. -- ~ ~ (d)Costs. In any "civil.action brought pursuant to this Chapter in which the City. prevails, the court shall award to the City all costs of investigation and preparation for trial, the costs of trial, reasonaS~e expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees. ’ 8.10.120 Fees.~ Tree reports required to’be submitted to the City for review and evaluation pursuant to. this Chapter shall be accompanied by the fee prescribed therefor in the municipal fee schedule. 8.i0".ii0 Sezerability. If~any provision of this Chapter or the application thereof to any person or circumstance is-held to be invalid by a court of competent ~jurisdiction, such.invaility shall not affecZ any other provision of this Chapter which can be given effect without the invalid provision or application, and-to this end the provisions of this Chapter are declared to be severable. ~- SECTION 3. ~ The provisions of Section 8.10.040 and SectioD 8.10.050(b) and (c) shall not apply to any development fbr 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 December 31, 1996. SECTION’4. The City-Council finds that this project is ex~pt from the provisions of the Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that this project wil! have a significant effect ~n the envirom_ment. II II II II II II II I! I! !1 il 8 SECTION 5. This ordinance shall become effective.-upon the commencement¯ of the thirty-first day after the date of its adoption,~ or January i," 1997, whichever date is later. INTRODUCED: July 15, 1996 PASSED: August 5, 1996 AYES : ANDERSEN,. FAZZIN0, HUBER, KNIS’S, MCCOWN, SIMITIAN, ~4EELER NOES : ROSENBAUH ASS EN~ : SCHNEIDER ABSTENTIONS : y .City Clerk S_~=4iior Asst. City Attorney THIS DOCU,~,-’- N~ IS CER~IRED ~O BE ANORDINANCE DULY PASSED BY TH~ COU~’~Ctt- ,%~ ’OF THE CiTY OF PALO ALTO ANDTHER.’-’A~" (’5R POSTED 1,%1 THE_COUNCIL CHA:,~SEF,~’ON ~ {,WITHINDAYS OF tTS p~,SSAG~-) & ¯Acumzn~_stra~zve Services Dir.~or of Planning and "Oh’ief Buildin~ Official 960:~07 la¢ 00S02~5 9 Attachment D [] [][][][]D D D D ID D []