HomeMy WebLinkAbout1999-08-09 City Council (18)City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR:389:99
TO CONSIDER THREE
TREES: TWO PUBLICLY-
DATE:OCTOBER 18, 1999
SUBJECT: REQUEST FOR CITY COUNCIL
APPLICATIONS TO DESIGNATE HERITAGE
OWNED TREES AND ONE PRIVATE TREE AT 1032 FOREST AVENUE
RECOMMENDATION
Staff recommends that Council approve the designation of three trees for heritage status:
the E1 Palo Alto Coast Redwood located in E1 Palo Alto Park as Heritage Tree No. 1 (See
Attachment A); a Coast Live Oak located in Rinconada Park as Heritage Tree No. 2 (See
Attachment B); and a Dawn Redwood located at 1032 Forest Avenue as Palo Alto
Heritage Tree No. 4, as requested by the owner of the property (See Attachment C).
Heritage Tree No. 3 has already been designated as such by a previous Council action on
February 22, 1999.
BACKGROUND
In 1996, the City Council enacted Ordinance No. 4362, effective January 1, 1997
providing for the preservation and maintenance of specified native oak and heritage trees
on public and private properties.
Palo Alto Municipal Code, Chapter 8.10.090 entitled "Designation of Heritage Trees"
provides for persons to nominate a tree on their property as a Heritage Tree. After City
Council approval of such designation, the tree will be 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 benefit from the provisions of the Tree Preservation and Management
Regulations, unless removed from the list by subsequent action by the City Council.
These regulations include guidelines and restrictions regarding pruning, removal and
development as it relates to the tree.
DISCUSSION
This section provides the basis for approval.
CMR:389:99 Page 1 of 4
Heritage Tree No. 1. The Coast Redwood is located on the bank of San Francisquito
Creek and is the symbol of both the City of Palo Alto and Stanford University. The E1
Palo Alto redwood has not been officially recognized in the heritage tree listing since the
Ordinance became effective. In 1971, when E1 Palo Alto Park was dedicated by Council,
the tree was described as the oldest living landmark in California, whose age was
estimated to be more than 1,059 years old (see Arborist Report, Attachment A). On
November 7, 1926 the Native Sons of the Golden West historic landmark committee
placed a plaque on the large boulder at the tree’s base declaring it the first official living
California Landmark. In 1987, the tree was recognized by the National Arborist
Association and the Intemational Society of Arboriculmre, for its significance, having
lived since General Portola’s early expedition in 1769 and during the signing of our
nation’s constitution. The Coast Redwood meets the standards for heritage tree
designation set forth in Chapter 8.10.090 and Heritage Tree checklist (See Attachment
D). Staff recommends the historical E1 Palo Alto Redwood be designated as Heritage
Tree No. 1 based upon findings that it is unique and of importance to the community due
to one or more of the following factors:
(1)
(2)
(3)
(4)
It satisfies PAMC Section 8.10.090 requirements;
It is and outstanding specimen of a desirable species;
It is one of the largest and oldest trees in Palo Alto; and
It possesses distinctive form, size, age and location
Staff has prepared an bverview report of the trees specific location, size, dimensions and
brief history of the tree (see Arborist Report, Attachment A) for Council review.
Heritage Tree No. 2. The Coast Live Oak is located in the 20-acre Rinconada Park, in
the picnic area near the intersection of Embarcadero Road and Guinda Street. This tree is
a fine specimen with many qualities worthy of recognition. In 1994 the tree was publicly
honored as a heritage tree by then Mayor Liz Kniss, and was distinguished with a bronze
plaque placed near its base identifying it as such. As with the E1 Palo Alto tree, the
Rinconada Oak has not been officially recognized within the heritage tree listing since
the Ordinance became effective January 1, 1977. The Coast Live Oak meets the standards
for heritage tree designation set forth in Chapter 8.10.090 and Heritage Tree checklist
(See Attachment D). Staff recommends the historical Rinconada Oak be designated as
Heritage Tree No. 2 based upon findings that it is unique and of importance to the
community due to one or more of the following factors:
(1)
(2)
(3)
(4)
It satisfies PAMC Section 8.10.090 requirements;
It is and outstanding specimen of a desirable species;
It is one of the largest and oldest trees in Palo Alto; and
It possesses distinctive form, size, age and location
CMR:389:99 Page 2 of 4
Staff has prepared an overview report of the trees specific location, size, dimensions and
brief history of the tree (see Arborist Report, Attachment B) for Council review.
Heritage Tree No. 4. Ms. Karen Kolling, 1032 Forest Avenue, owner of the property,
filed an application for heritage tree status for a Dawn I(edwood located in the front yard
of her property. The tree is a unique species, healthy and sizable, second in size only to
the Dawn Redwood at the downtown post office, on the Waverley Street frontage.
The Dawn Redwood meets the standards for heritage tree designation set forth in Chapter
8.10.090 and Heritage Tree checklist (see Attachment D). Written request, consent and
photographs from Ms. Kolling, have been received along with a written analysis of the
tree’s specific location, size, dimensions and qualities by arborist Michael Young, of
Urban Tree Management Company (see Arborist Report, Attachment C).
Staff recommends this tree be designated as a Heritage Tree No. 4 based upon findings
that it is unique and of importance to the property owner and community due to the
following factors:
(1)
(2)
(3)
(4)
It satisfies PANIC Section 8.10.090 requirements;
It is and outstanding specimen of a desirable species;
It is one of the largest and oldest trees in Palo Alto; and
It possesses distinctive form, size, age and location
RESOURCE IMPACT
There are no resource impacts expected by these designations.
POLICY IMPLICATIONS
The recommended action would continue to promote the pattern for other Heritage Tree
designations and is also consistent with existing City policies and overall urban forest
goals and objectives.
TIMELINE
After designation as Heritage Trees by Council, the Heritage Trees 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.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
E1 Palo Alto Arborist Report
Rinconada Park Coast Live Oak Arborist Report
Karen Kolling Request, Photographs and Arborist Report
CMR:389:99 Page 3 of 4
Attachment D:Tree Preservation and Management Regulations, Ordinance 4568
and Heritage Tree Checklist
PREPARED BY: Dave Dockter, Planning Division A~borist
DEPARTMENT HEAD REVIEW:
G. EDWARD GAWF
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
Ms. Karen Kolling
Canopy: Trees for Palo Alto
Manager
CIVIR:389:99 Page 4 of 4
DATE:
TO:
FROM:
SUBJECT:
PURPOSE:
From the office of DAVE DOCKTER
Planning Division Arborist
September 18, 1999 ATTACHMENT A
Ed Gawf, Director of Planning and Community Environment
Dave Dockter, Planning Division Arborist
El Palo Alto Arborist Report and Appraisal
For City Council review as Attachment A of City Managers
Report, Heritage Tree Designation dated October 25, 1999
[]ARBORIST REPORT
This report provides data for the Coast Redwood tree known as E1 Palo Alto. The report is prepared
for the purpose of providing City Council with an overview of the tree’s size, health, history and
value to the community, to aid their consideration for the tree to be designated as City of Palo Alto
Heritage Tree #1, in addition to its designation as California Historical Landmark No. 2.
LOCATION OF THE TREE
The tree is located in E1 Palo Alto Park, at the intersection of E1 Camino Real, Alma Street, and Palo
Alto Avenue, City of Palo Alto, California. The tree is situated on the bank of San Francisquito
Creek, adjacent to a Caltrain rail and trestle owned by Southern Pacific/Joint Powers Board
jurisdiction and a pedestrian bridge (circa 1988)joining Menlo Park and Palo Alto together.
SPECIES, HABITAT, SIZE AND AGE OF THE TREE
The subject tree, named E1 Palo Alto, is a Sequoia sempervirens, Coast Redwood. Redwoods are
native to California and indigenous along the cool central coast, mountains and various riparian
areas that offer adequate moisture and favorable drainage and soil composition. The tree trunk is 90-
inches in diameter, 110-feet in height and has a crown spread of 40-feet. In 1951, E1 Palo Alto
height was recorded at 134.6-feet. By 1977 the tall top had died back to 126-feet down to its current
height of 110-feet. In 1955, George Hood, Palo Alto arborist extraordinare, had increment borings
of the tree rings taken by a forester and determined the tree’s age to be 1,015 years. E1 Palo Alto is
now 1,059 years old as seen today.
HEALTH AND CONDITION OF THE TREE
E1 Palo Alto is in relatively fair health and condition, and has endured may seasonal drought and
flood years spanning the centuries including substantial urban activity encroaching the area during
the most recent century. Its location is far downstream on the southern bank of San Francisqui~o
Creek, the only remaining non-channeled creek from the mountains to the S. F. bay estuary.
Typically, the favorable conditions for Coast Redwoods (soil constitution, drainage and texture)
erode quickly nearer to the bay. However, observation indicates that the tree is:
o:o well-rooted with little chance of toppling over
o:o supporting fair annual shoot growth over each of the last 5 years (an average of six-inches)
o:o exhibits a fuller canopy than 50 years ago
o:o producing wound-wood callus and sprouts in several areas
°:- indicates that the trunk continues to expand
City of Palo Alto, Heritage Tree #1 Arborist Report & Appraisal Page 1 of 6
From the o_ffice Of DAVE DOCKTER
Planning Division Arborist
HISTORICAL SIGNIFICANCE
Significant and commonly accepted historical event highlights surrounding the E1 Palo Alto
Redwood are as follows:
o:o The Coast Redwood attributed to be El Palo Alio by the Spaniards means ’the ta!l.
stick’ and is anchored on the banks of San Francisquito Creek, ’Little Saint Francis’.
°:° November 6-11, 1769 while searching for Monterey Bay, Spanish explorer General
Portola and expedition camped under the giant redwood. Frequented by the local
Costanoan/Ohlone Indians, the land near E1 Palo Alto was selected as the area’s fn-st
mission site by the Franciscan Colonel De Anza in 1775, but was later moved to
Mission Santa Clara.
o:° In 1769, E1 Palo Alto was twin-trunked. Traditional history states that in January of
1886 the left trunk fell after 24-inches of rain fell within three months, leaving only
one spar left to stand. However, several historians and arborists indicate this as
theory rather than fact, citing that E1 Palo Alto’s missing trunk had mysteriously
vanished during the time when Southern Pacific Railroad’s (new) trestle bridge was
erected
near the tree’s base, and that the event may not necessarily have been an ’act of God’
as traditional history reports.
°:° At the time of the 1776 signing of our national constitution, the E1 Palo Alto redwood
was 836 years old.
o:o In 1850, E1 Palo Alto was used as a sighting tree by surveyors plotting out a highway
called San Francisco-San Jose Road, now called E1 Camino Real. In 1861, ground-
breaking for the Pacific Railway trestle undoubtedly impacted the tree.
o.*° After Leland Stanford University was founded, the E1 Palo Alto Redwood was the
rallying point for a yearly class contest to see who could place tile class flag at the top
of the tree. The last student to climb the tree on the eve of Admission Day, 1909
became marooned in the crown after dark, and needed to be rescued by
fellow students.
o.’o In 1926, a bronze plaque was mounted on a boulder (furnished by Southern Pacific
Railroad) by the Native Sons of the Golden West. The plaque shows that E1 Palo Altc
was once a twin-trunked tree as reported by early California explorers and inhabitants.
o.*o In 1937, the State of California adopted the Coast Redwood species as the state tree,
and in 1968 memorialized E1 Palo Alto as a California Historical Landmark No. 2.
o.*o In June of 1971, E1Palo Alto Park was added to the City’s Parks Dedication list.
°:° In 1987, the E1 Palo Alto redwood was recognized by the National Arborist
Association and International Society of Arboriculture for its historical significance as
"A campsite for the Portola Expedition Party of 1769".
o~o E1 Palo Alto is named a point of Historical Interest by Santa Clara County.
MAINTENANCE OF THE TREE -- PAST, PRESENT AND FUTURE
E1 Palo Alto has been the recipient of significant care over the recent century including:
In 1776, the tree was measured at 135.7-feet with a circumference of 15.1-feet. In
1814, measurment found a height of 162.2 feet. It was reported that when the twin
trunk fell in 1886, a dendrology ring-count indicated an age of 960 years.
City of Palo Alto, Heritage Tree #1 Arborist Report & Appraisal Page 2 of 6
From the office of DAVE DOCKTER
Planning Division Arborist
MAINTENANCE OF THE TREE (continued)
o:o After the fall of the twin mink, Senator Stanford had a wooden bulkhead erected to
protect the remaining trunk.
o:o From 1925-1935, George Hood’s father watered E1 Palo Alto two days a week,
pouring buckets of water into three vertical terra cotta pipes. From 1935-1955,
paths near the tree were changed, obscuring the watering pipes and the tree
declined. Since 1968, E1 Palo Alto’s condition (vigor, structural integrity and soil
stability) has been evaluated by tree care professional S.P. McClenahan Company,
initiated by the supervision of University of California Forester Woody Metcalf,
who watched over the tree for 40 years. The tree is currently under the supervision
of qualified arboricultural staff.
o:o In 1968 the treetop was treated for termites, and in 1971 aerial inspection noted no
termites and in fair health.
o.*° A summer of 1973 inspection noted serious decline of the western portion of the
tree top and termite treatment again initiated.
o.*o In 1997, Doug Hamilton, University of California Cooperative Extension Farm
Advisor and Forester inspected E1 Palo Alto redwood.
o:o A 1977 inspection noted improvement. Five feet of the dead top was removed. A
sprinkler system at the top was modified to provide conditions similar to optimum
foggy coastline conditions.
o:o 1982 to 1984 foliage growth increased. However, the weathered western side
continued to deteriorate and hollow soundings were recorded within the larger
limb structure.
o:o In 1985, the upper portions of the tree canopy was sparse and declining. The
condition was determined to be from atrophy of the roots from the increasing foot
traffic, landsc.ape activity and compaction. Four inches of mulching was
prescribed. In addition, a small dead portion of the top was removed.
o:o In 1987, fertility treatments commenced (soil loosening/vertical mulching in
spring and deep root injections in summer).
o:o 1988-present, routine inspections and as-needed pruning by the City of Palo Alto
occur annually. To improve health and vigor, fertility treatments prescribed
include a bio-stimulant designed to increase absorbing root surface area.
°:° As guardians and stewards of the E1 Palo Alto Redwood, a significant natural and
historical resource, the future maintenance by the City of Palo Alto will include
any and all arboficultural methods that are deemed appropriate by City arbofists
and consultants.
APPRAISAL
National, state, municipal and real estate recognize that plants have value beyond their aesthetic
contribution to a landscape, and that their contribution can be assessed. The following horticultural
appraisal, using the current Guide for Plant Appraisal authored by the Council of Tree and
Landscape Appraisers and published by the International Society of Arboriculture, includes
City of Palo Alto, Heritage Tree #1 Arborist Report & Appraisal Page 3 of 6
From the Office of DAVE DOCKTER
Planning Division Arborist
APPRAISAL (continued)
consideration of the tree species, size, condition and location factors that influence the value of a
tree. The appraised value of the Coast Redwood known as E1 Palo Alto is estimated to be
555,600.00. In addition, because of this tree’s historical presence and value to the City of Palo Alto
and surrounding environs, it would be reasonable and justified to consider the tree un-replacable at
any cost in the event of loss.
RESOURCES
City of Palo Alto records
Palo Alto Historical Society
George Hood 1977 memorandum
Trees of Palo Alto, 1976
Dave Sandage, City of Palo Alto, Public Works Managing Arborist
Wayne Fluss, City of Palo Alto Arborist
City of Palo Alto, Heritage Tree #1 Arborist Report & Appraisal Page 4 of 6
From the office of DAVE DOCKTER
Planning Division Arborist
EL PALO ALTO AS IT STANDS TODAY
THE REDWOOD TREE HAS BEEN THE GATEWAY TO PALO ALTO FOR OVER A CENTURY. IN 1955, AN INCREMENT
BORING OF THE TREE RINGS WAS TAKEN AND THE TREE’S AGE WAS ACCURATELY DETERMINED TO BE 1,015
YEARS, AND IN 1999 is NOW 1,059 YEARS OLD. THE TREE STANDS ANCHORED TO SAN FRANCISQU1TO CREEK
BANK WITH A TRUNK SIZE OF OVER EIGHT FEET IN DIAMETER. IN 1951 ITs HEIGHT WAS 134.6-FEET, IN 1977 ITs
HEIGHT REGRESSED TO 126-FEET, AND IN 1999 IT NOW STANDS AT 110-FEET IN HEIGHT.
FROM 1935-1955, THE TREE WAS IN SERIOUS DECLINE WITH ALARMINGLY SPARSE BRANCHING AND FOLIAGE.
IN SPITE OF THE ERODING TOP AND A DECAY COLUMN ON THE WESTERN SIDE, THE TREE TODAY HAS A MUCH
GREATER VOLUME OF FOLIAGE THAN NEARLY A CENTURY AGO.
City of Palo Alto, Heritage Tree #1 Arborist Report & Appraisal Page 5 of 6
From the o~ce of DAVE DOCKTER
Planning Division Arborist
ON SOLm GROUND
FOR CENTURIES, THE TREE ROOTS HAVE ESTABLISHED THEMSELVES FIRMLY INTO THE SOIL AND DEFLECTED
CREEK BANK EROSION WHERE 1T OTHERWISE WOULD BE WASHED AWAY. THE MASSIVE TREE USED TO HAVE A
SECOND SPAR LOCATED ON THE LEFT SIDE OF THE TRUNK. WOUND-WOOD HAS CALLUSED OVER THE MISSING
TRUNK AND SPROUTS ARE NOW GROWING IN THE AREA.
~N 1926 A PLAQUE WAS MOUNTED ON A
BOULDER BY THE NATIVE SONS OF THE
GOLDEN WEST SHOW!NG EL PALO ALTO
WAS ONCE A TWIN-TRUNKED TREE AS
REPORTED BY EARLY CALIFORNIA
EXPLORERS AND INHABITANTS.
IN 1987, THE NATIONAL ARBOR/ST
ASSOCIATION RECOGNIZED THE TREE AND
INTERNATIONAL SOCIETY OF ARBOR!CULTURE
FOR ITS HISTORICAL SIGNIFICANCE AS NOTED
BY GENERAL PORTOLA’S 1786 EXPEDITION.
AT THE TIME OF THE 1776 SIGNING OF OUR
NATIONAL CONSTITUTION, EL PALO ALTO WAS
836 YEARS OLD.
City of Palo Alto, Heritage Tree #1 Arborist Report & Appraisal Page 6 of 6
From the o~ce of DA VE DOCKTER
Planning Division Arborist
DATE:September 20, 1999 ATTACHMENT B
TO:Ed Gawf, Director of Planning and Community Environment
FROM:Dave Dockter, Planning DivisionArborist
SUBJECT:Rinconada Oak Heritage Tree Designation
Arborist Report and Appraisal
PURPOSE:For City Council review as Attachment B of City Managers
Report dated October 25, 1999
ARBORIST REPORT
This report provides data for the Coast Live Oak known as the Rinconada Oak. The report is
prepared for the purpose of providing City Council with an overview of the tree’s size, health,
history and value to the community, to aid their consideration for the tree to be designated as City of
Palo Alto Heritage Tree #2, in addition to it’s status of a protected tree within the Palo Alto
Municipal Code, Chapter 8.10.
LOCATION OF THE TREE
The tree, identified by a plaque mounted at the tree’s base, is located in the 20-acre Rinconada Park
picnic area, near the intersection of Embarcadero and Guinda Street.
SPECIES, HABITAT, SIZE AND AGE OF THE TREE
The subject tree, Quercus agrifolia, Coast Live Oak is native to California and indigenous to the
Palo Alto region. The tree is 52-inches in diameter, 75-feet in height and has a crown spread of
nearly 120-feet. The tree’s age is over two centuries, as estimated during the 1994 Palo Alto
Centennial dedication of the tree.
HEALTH AND CONDITION OF THE TREE
The Rinconada Oak is in relatively good health and condition. For decades, its growth has been
opportunistic in the park soil, and benefiting from moisture and fertilizer supplied by turf
maintenance surrounding the canopy perimeter.
My observation indicates that the tree is:
¯:- well-rooted with little chance of toppling over
¯:. supporting fair annual shoot growth (an average of six-inches over the last 5 years)
¯:- of fair structure, fitted with several support guy wires
HISTORICAL SIGNIFICANCE
In 1994, during the Palo Alto Centennial celebration, the tree was publicly recognized as an
outstanding specimen, and was honored with a plaque donated by the Palo Alto Tree Task Force and
dedicated by Mayor Liz Kniss as Heritage Tree No.2.
MAINTENANCE OF THE TREE -- PAST, PRESENT AND FUTURE
The Rinconada Oak has been maintained by the Departments of Parks and Golf and Public Works
operations and will continue to be in the future. The tree needs no special attention other than
City of Palo Alto, Heritage Tree #2 Arborist Report & Appraisal Page 1 of 3
From the Office o(DA VE DOCKTER
Planning Division Arborist
periodic inspection of the tree and occasional loosening of the soil within the dripline of the tree.
The branching architecture has been fitted with support cables to improve stability of massive
branches during high winds. In 1998, Parks Department further improved conditions around the tree
by removing the turf and irrigation and mowers away from the trunk area.
APPRAISAL
National, state, municipal and real estate recognize that plants have value beyond their aesthetic
contribution to a landscape, and that their contribution can be assessed. The following horticultural
appraisal, using the current Guide for Plant Appraisal authored by the Council of Tree and
Landscape Appraisers and published by the International Society of Arboriculture, includes
consideration of the tree species, size, condition and location factors that influence the value of a
tree. The appraised value of the Coast Live Oak known as the Rinconada Oak is estimated to be
$32,600.00.
RESOURCES
Paul Dias, Director of Parks and Golf, Community Services Department
Dave Sandage, City of Palo Alto, Public Works Managing Arborist
Wayne Fluss, City of Palo Alto Arborist
City of Palo Alto, Heritage Tree #2 Arborist Report & Appraisal Page 2 of 3
From the office o_f DA VE DOCKTER
Planning Division Arborist
THE RINCONADA OAK
THE COAST LIVE OAK AT RINCONADA PARK HAS BEEN FIRMLY STAND!NG FOR OVER TWO CENTURIES.
BROADER THAN IT IS TALL, ITS 120-FOOT CROWN SPREAD PROVIDES COOLING SHADE FOR PARK USERS AND
EVEN TEMPERATURE FOR IT’S ROOTS. IN 1994, THE TREE WAS HONORED WITH SPECIAL RECOGNITION BY
MAYOR KNISS AND THE PALO ALTO TREE TASK FORCE.
City of Palo Alto, Herita[~e Tree #2 Arborist Report & Appraisal Pa£e 3 of 3
ATTACHMENT C
1032 Forest Avenue
Palo Alto, CA 94301
21 February 1998
City Council
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
Dear City Council:
I am requesting that the dawn redwood (metasequoia glyptostroboides) tree in my front yard at the above
address be granted heritage tree status and protection as outlined in CPA Municipal Code 8.10.090.
This letter and the accompanying information are to provide the documentation that the public works
department has said is necessary for this application.
I feel that this tree should be protected because it is a large, healthy instance of a lovely and somewhat unusual
tree. The only other dawn redwood which I am aware of of such a large size in Palo Alto is the specimen tree
at the downtown post office.
Dawn redwoods are believed to date back over 100 million years and to have had a widespread range that
included the western United States. They were known only from fossil records and were believed extinct until
living trees were discovered in China in 1941. Seeds from China were first imported into this country in the
second half of the 1940s. The post office tree was planted on Arbor Day in 1949. More information about
them is in the attached article provided by the arborist, Mike Young, who examined the tree.
I commit to provide this tree with the appropriate care needed while I own it and to disclose its heritage tree
status to any future owners of this property. Also, I grant consent to include this tree location and address on
"an inventory list and map that may be utilized by Palo Altan’s interested in viewing the tree."
I have included some photographs. Unfortunately, since the tree is not currently in leaf, these photos do not
make the full beauty of the tree apparent; it is absolutely stunning when in leaf. However, public works tells
me that if I wait until the tree leafs out in another few weeks, I will miss the current deadline for considering
heritage trees, and consideration will be postponed for a number of months.
I am not certain of the age of the tree. It was a large tree when I moved here over 20 years ago, and Emily
Renzel tells me that it was a "big" tree when she moved nearby 28 years ago. Although the arborist thinks it
may be as old as the post office tree,. I am not certain of this. The post office tree seems to me to have a larger
and more irregular base, but a narrower upper trunk than this tree. Since their growth habits seem to have
differed, I am not certain how their ages compare.
I believe I remember being told by a neighbor when I first moved here that the tree had been planted by the
late Mrs. Dreier, who was an avid gardener, and whose family owned both my house and the house, now
demolished and replaced with a new house, next door at 1044 Forest Avenue.
Thank you for considering offering this tree the protection of heritage tree status,
Karen Kolling (650)325-6407 or kakolling@aol.com
Attachments: arborist’s report, diagram, appraisal, photos, article
]-RBAN
TREE
MANAGEMENT
741 Enright Ave.
Santa Clara
CA 9505O
quercus@ricochet net
650,321 °0202
Contractor’s
License #755989
Cert. Arborist
WC ISA #623
2/18/1999
Karen Kolling
1032 Forest Ave.
Palo Alto, CA 94301
650-325-6407
RE: Historic Tree Registration
To Whom It May Concern:
My client would like to submit an application to register her Dawn Redwood
(Metasequoia glyptostrobodies) as a Historic Tree with the city of Palo Alto.
This is a beautiful specimen.
DBH: 2T’
Spread: 40’
Height: 48’
Dawn Redwoods are meant to be a single leader tree with even branching
originating laterally from the trunk. This specimen adheres directly to these
specifications. Annual growth has been approximately 5"-6" for the last several
years. While the tree is still mostly dormant this time of year, the abundance of
flowers on the tree and the previous years’ growth indicate strong vigor.
Previous pruning has been kept to a minimum. There are no obvious signs of
over or under irrigation around this tree and the root collar is nicely exposed.
There are a few minor problems wi~h this tree that are easily corrected. In a few
places limbs could be removed to eradicate duplication. A concrete path near
the base of the tree has been cracked due to expansion of the root plate. The
homeowner is going to break out this concrete and replace it with stepping-
stones. Lastly, there is a Douglas Fir approximately 18’ away from the Dawn
Redwood. The presence of this tree has forced the Dawn Redwood to grow
slightly at an angle, and some of the Doug Fir limbs should be pulled back to
allow more room for the Dawn Redwood.
Overall this is a beautiful specimen. As is well documented Dawn Redwoods
were discovered in fossil form in 1941. They were thought to be extinct until
later that year when in China a few trees were discovered in a remote location.
The original specimen was 450 years old. Little is known about the life
expectancy of this tree in our area. It wasn’t until 1949 (only 50 years ago) that
seedlings were distributed throughout the world. It would not surprise me if this
specimen were part of the original batch of Dawn Redwoods distributed in 1949.
It is an honor for me to recommend this tree as a Historic Tree to the City of
Palo Alto.
Should you have any further questions feel free to contact me.
Michael P. Young
[_ RBAN
MANAGEMENT
741 Enright Ave.
Santa Clara
CA 95050
quercus@ricochet net
650o321°0202
Contractor’s
License #755989
Ce r:~. Arborist
WC ISA #623
TRUNK FORMULA METHOD FORM FOR NORTHERN CALIFORNIA,1992
Established by the International Society of Arborlculture, 1992
Trees LESS Than ;30" Diameter
Appraised Value = Basic Value X Condition X Location
Basic Value = Replacement Cost + (Basic Price X ~AA. TAR] X Species)
SPEC,ES=x-T ----- ........TREE : J
~. ~e~t Cost:= $1805
Cost ot largest ¢ommordy available tr&nspl~nt~le tree, as Installed In an average location,
(as establL~ecl tor Northem California, by the Western Chapter), If the appraised tree is in
a kx:=azion whict~ will make Installation of ,~ replacement especially difficult or expensive,
you s.hou~ Lqc~ea.so this l~ne to account for costs ~0o~ethe average.
2. Replacement tree Basle (per square Inch) Price Group #. ~"[ ...
(from Table
3. Detenn~e difference in trunk areas
ff dA = 30" or less, determine TAA DBH_.~"//
A.TAA = (0.785d2)= ~..~-~.6_in2
B.Replacement tree TAR =In2
(refer to table 11-1992)
C. Subtract TAR from TAA (3A-3B) = .5",~’~, ,~ ~In2
4. Multiply Basic Price by area differences $ ~ _=1 , sc~ per In2 X.~"~’~.___._~n2
(2)(3C)
5. Adjust step 4 by Species ratJng
6. Basic Value : $1,805 +
0~ne 1)
7.Adjust l_Lne 6 by Condition
8.Adjust for Location:
(line 6)
Location = (Site + Contribution + Placement)÷ 3 =%+
Adjust L.~e 7 by Location
9. Appraised Value (before damage, If applicable) = Round Line 8 to nearest $100
Appraised Value (after damage, If appllcable)
10.For Partial Loss:= $ value of loss
~ ~.RemovaUReconstructlon Cost, if appropriate
$,, 2"-’3r’ "per inch2
11-1992)
= s J_&’f~_ Y-6
=S l,,?’OoO.~’-"
=$
Prepared for:
Address: 113
Date: Z! [,~/~Job #:,
Failure Date:
TOTAL =S
California Wild - Pacific Discovery 11/11/98 1:03 PM
Reunion with a Chinese Redwood
by William Gittlen
It’s like finding a dinosaur alive," wrote Milton
Silverman in the San Francisco Chronicle.
Nineteen ninety-eight marks the 50th anniversary
of Ralph W. Chaney’s expedition to central
China to see for themselves the newly discovered
dawn redwood. The September-October 1948
issbe of Pacific Discovery featured Chaney’s
own account of his exploits. He was
accompanied by Silverman, the Chronicle’s
science editor, whose articles and photographs
made front-page news back home.
These two scientists hiked more than one
hundred miles through the cold and misty
mountains of Sichuan and Hubei provinces, until
they reached the small village of Shuisaba, where
an intact native forest contained the same mix of
trees that Chaney had studied from fossils.
Among them was a living tree of a genus thought
to have been extinct for 20 million
~ I~ EDWABD S, RO~
While dawn redwoods feature needles that
oppose each other on the branchlettes, coast
redwoods have alternating needles.
http ://www.calacademy.org/cai wiid/wood.htm
From 100 million to 20 million years ago, huge
Metasequoia forests were common throughout the
northern latitudes. This Metasequoia fossil, about
33 million years old, was found by Ralph Chaney
in the John Day Basin in Oregon.
Remarkably, Hu realized that the tree was
identical to the fossil Metasequoia, a species
which had only recently been described
(also in 1941), by Shigeru Mild of Japan,
as a distinct genus of redwood. The two
Chinese scientists, who only came across
Miki’s discovery at the end of World War
II, soon shared their findings with
Chancy and Elmer D. Merrill of Harvard’s
Arnold Arboretum.
Small grants were sent to China to finance
the gathering of more seeds, cones, and
foliage. When an envelope arrived from
China containing bits of living matter
derived from a tree thought to be extinct
for 20 million years, Chancy decided he
must see the tree for himself. His
enthusiasm was so infectious, that
Silverman, who was in the room when he
made the announcement, offered to go
Page 1 of 4
years, Metasequoia glyptostroboides, the dawn redwood. A tree that had become extinct everywhere
else on Earth was still alive in this remote valley of central China.
Chaney, a University of California paleobotanist who lived in Berkeley until his death in 1971, made a
lifetime study of the fossil ancestors of California’s redwood trees. During the period from 100
million to 20 million years ago, vast forests of these ancient giants grew throughout the northern
latitudes. The climate of the polar re~ons had been much warmer, and redwood fossils have been
found in Siberia, Iceland, Greenland, China, Europe, Canada, Alaska, and across the United States,
from Oregon to New Jersey. Gradual cooling of the global climate over millions of years affected a
southern migration of these hardy trees, but eventually, they had all disappeared. Or so it was thought.
Metasequoia was known a sshui-sa, or water pine, to the local villagers. In 1941, a Chinese forester
traveling through the area had come across a very large tree in the town of Modaoqi. He recognized that
this tree was not known to modern scientists, and samples of seeds and foliage were sent to Wan-Chun
Cheng, of Nanjing’s Central University, who shared them with Hsen-Hsu Hu of Fan Memorial
Institute of Biology.
California Wild -Pacific Discovery 11/11/98
~.IUII~.
Six weeks later, the two men flew to Shanghai, via Honolulu, Midway Island, Wake Island, Guam,
and Tokyo. They had hoped to fly from there to Wanxian, a town on the Yangtze River from which
they were told a few hours’ walk would bring them to the big tree. Unfortunately, the airfield shown
on their map didn’t exist. They were forced to fly to Chongqing (Chung "king) where they arranged a
two-day river cruise down the Yangtze to Wanxian.
There the real adventure began. The predicted few-hours walk turned into a rigorous three-day trek.
The two Americans were accompanied by a rag-tag military escort who, at one point, shot and killed a
suspected bandit. They sprayed DDT around their guest house rooms to rid them of "infectious
vermin." And on only the second night, Chancy had an exacerbation of his asthma, after one of the
bodyguards inadvertently stepped on and broke his only vial of medication. By the third night
Silverman was afraid Chancy might die.
Bu.t he struggled on, often carried on a sedan chair through the wet and rugged mountains. That was
not as comfortable as it sounds. Silverman found the palanquins "were not suitable for the American
rear-end," and preferred to walk. Exhausted, they arrived at their destination, Modaoqi village, and
confirmed the existence of what is now known as the "number 1" or "type" tree. It was 98 feet high,
ten feet and ten inches in diameter, and about four hundred and fifty years old. Chancy was stunned.
It was the middle of March, and the ~eat tree was bare of all foliage. Only at that moment did he
discover that Metasequoia glyptosrroboides was deciduous. It was because the trees dropped their
needles in winter, he realized, that they had been able to survive the ice ages.
The villagers believed the tree contained a holy spirit. They built a shrine at the base of the tree, and
people from the surrounding area came to it to pray for health, fertility, and good harvests, while locals
studied the amount of foliage on the tree to predict the weather and the outcome of their crops.
Two further days’ travel brought the scientists to the valley of the dawn redwood and the village of
Shuisaba. Whereas the "type" tree in Modaoqi was growing on the banks of rice paddies, here they
found native metasequoias growing amidst fragments of primary forests, which included a mix of
oak, birch, beech, chestnut, and katsura (Cercidiphyllumjaponicum) and an understory of
rhododendrons, iris, hydrangeas, and bamboo. Chancy described it as "a botanical alumni reunion.
This is what much of the world looked like a million centuries ago."
Chancy estimated that there were over one thousand mature
redwoods in and around the valley. He wanted to linger and
study the trees further, but Silverman, concerned about his
companion’s poor health, insisted they return. After six weeks in
China, Chancy had lost 45 pounds and Silverman 22 pounds.
However, both men returned home with thousands of seeds in
their pockets, and Chancy brought four small seedlings to be
planted in the U.C. Berkeley Botanical Garden and the Strybing
Arboretum in San Francisco.
It was after viewing the magnificent trees that had originated
from Chaney’s hand-carried seeds and seedlings that I began to
fantasize about duplicating his challenging expedition and to
write about one of the century’s most successful preservation
efforts. I traveled to China earlier this year on the 50th
anniversary of Chaney’s journey to learn firsthand how both the
people and the dawn redwoods of Shuisaba had fared. Today
there is a drivable road to the village. Nevertheless, apart from
several groups of foreigners who were able to visit Modaoqi to
see the type tree, this part of China was essentially closed to
outsiders until this year.
South of the Yangtze, a translator, a driver, and I traveled
through the same mountains where Chancy and Silverman had
trekked 50 years earlier. Electricity and television were
practically universal. Yet, despite the steady procession of
heavily laden cargo trucks rumbling by, the local people were
still living as subsistence farmers. Simple wood- and
earth-walled dwellings and small villagcs were interspersed
among the magnificently terraced, steep slopes. Fields were
worked with hand-carved wooden plows pul led by water
Although the original,
"prehistoric" dawn redwood
forests have been cut down
since Chaney’s visit,
individual metasequoia have
been propagated throughout
the world. This tree, brought
back from China as a seed in
1948, grows in Berkeley.
1:03
b~uffalo. Rice .w~as b~ng threshed by hand into wooden bins backed by cane mats. Dried rice on packed
http://www.calacademy.org/calwild/wood.htm Page
PM
2of4
California Wild - Pacific Discovery 11/11/98 1:03 PM
tort terraces anna roac~s was oemg rar~e~a into ounap oags to De t~cyciec~ or carneta on snoumers to me
nearest village.
In Modaoqi, the type tree’s branches spread out horizontally higher than all the nearby farmhouses.
The shrine is gone, having disappeared sometime before 1980. The town itself has wown to five
times its 1948 size, and metasequoias have been planted along the paved main street.
After his mountainous trek, Chaney had traveled to Nanjing to urge the government to take action to
preserve these significant trees, which appeared to be on the brink of extinction. The local people were
cutting them for use in construction, to cover walls, to make coffins, and even for firewood. The trees
could have easily been wiped out within a few years.
His plea did not fall on deaf ears. Chaney’s visit prompted the formation of the Metasequoia
Conservation Committee of China, chaired, until the revolution, by the American ambassador. Because
of the Communist takeover in 1949, there was a gap of 32
years before the next foreign visitors traveled to the area. In 1980,About .4,000 the members of the Sino-American expedition, led by Bruceredwoods now Bartholomew, the collections manager of the California Academylive in isolated of Sciences Botany department, found that protection hadvalleys of persisted. Five forest workers had been hired by the Hubeicentral China.provincial government to safeguard the trees. In 1982, a grove of
several hundred dawn redwoods was planted adjacent to their
station. Local people currently collect 3,500 kilograms of seeds yearly from the native
trees that grow in the valley. The hope is that viable seeds can also be eventually
harvested from the planted trees to be exported to other areas of China for use in
reforestation. Nearby there is a nursery of seedlings that are being used for roadside
planting.
The remnants of the Arcto-Tertiary forests that Chaney had seen 50 years ago no longer
exist, most of their trees having been cut for firewood and building materials, but the
metasequoias are still there, surrounded by a healthy understory. About four thousand
mature metasequoias now live in these isolated valleys of central China. Each tree has
been numbered and is accounted for. They are all protected; cutting one would result in
up to a three-year prison term. Though there is a possibility that local authorities will close
the research station because of a lack of funds, support for the trees is strong. Botanists
from the Chinese Academy of Sciences are convinced that a solution will be found to
protect them.
Approximately eight kilometers further down the road from the metasequoia research
station stands Shuisaba. The village has a spectacular setting, at the base of green,
wooded mountains, surrounded by dawn redwoods. I had brought with me a reprint of the
photograph taken 50 years earlier of the headman of the village, Wu Tsa Ming, and his
three children. Would anyone recognize them?
At home in her father’s house we found Wu Fa Ying, the oldest child in the photograph,
now aged 62. Her father and the two younger boys in the original photograph had all died
within a few years of 1948. But she remembered the foreigners well--she even
remembered having her picture taken. Unfortunately, the Metasequoia in the photo’s
background had been cut down. Nonetheless, we walked to another nearby dawn
redwood where Wu Fa Ying solemnly and proudly posed for a photograph with her
grandchildren, pleased to recreate the scene.
Metasequoias have fared relatively well over the past 50 years. Unfortunately, the diverse
primary forest--and all that it had to tell us about that ancient ecosystem--fell to human
population pressures, but the native dawn redwood trees themselves are protected. Their
progeny have been planted along roadsides throughout China. Thanks in large part to the
efforts of Chaney and Merrill, theMetas.equoia genus was pulled back from the brink of
extinction. Seedlings were sent to gardens and arboreta across the United States and
around the world.
The Bay Area is blessed with many beautiful dawn redwoods: there are eight at the U.C.
Berkeley Botanical Garden, seven at San Francisco’s Strybing Arboretum, one at Point
Reyes, and~other,,s adorning many smal!_er parks _a, nd, private residences. They are also
http://www.calacademy.org/ealwild/wood.htm Page 3 of 4
California Wild -Pacific Discovery 11/11/98
growing qu~[e we~ ~n tne American sou[neas~ anQ a~ong [ne ~uanuc seaDoarQ, wnere tne
climate is somewhat similar to central China. And there are thousands growing by
temples, gardens, and schools in Japan. In fact, these living fossils now grow in over 130
countries, even in the Southern Hemisphere, well beyond their former range.
Metasequoias have been successfully planted from Alaska to Argentina. The past
half-century has shown, however, that only in certain climatic conditions do they truly
thrive as they have in the isolated valleys near Shuisaba.
Because of the closing of communications between the United States and China after
1949, Chaney never learned whether his efforts had resulted in any attempts to preserve
the metasequoias. Back in Berkeley, he planted and tended dawn redwoods on the
grounds of his own hillside home. Ironically, after his death, Chaney’s own trees were not
watered or cared for, and within five years, they were cut down and removed. Fortunately,
his legacy, the international proliferation of Metasequoia glyptostroboides, lives on in
protected areas and gardens around the world.
1:03 PM
William Gittlen is an emergency physician, a world traveler, and a leading authority on
the history of Metasequoia glyptostroboides.
For more information about redwoods, as well as the people and research referred to in this articl
the following websites:
An account of the 1980 Sino-American
Botanical Expedition to Western" Hubei Province
Strybing Arboretum
Fascinating Facts about Redwoods UC Berkeley Botanical Gardens
Life history and taxonomy of the redwood family
~JCopyright 1998 by William Gittlen. Text and photographic images are intended solely for on-screen viewing
by individual user. The video screen content is not to be used for any purpose other than individual print out
without the written permission of the copyright holder.
. : . : ! : .= : " : ! : ~ : .: ! "~ : ! " ! ~ ~ ! ! "_ - ~ : ~ ! : - : : :. " ~ : : ! : " ! : [ . . . :- :- - . : .
naturalist’s almanac I skyguide I here at the academy
about CA Wild I back issues I related web sites l emai! us I
subscribe
http://www.calacademy.org/calwild/wood.htm Page 4 of 4
ATTACHMENT D
[][][][][]D D D D Cl D
ORDINANCE NO. 4568
ORDINANCE OF THE COUNCIL OF THECITY OF PALO ALTO
ADDING CHAPTER 8.10 TO TITLE 8 OF THE PALO ALTO
MUNICIPAL CODE REGARDING TREE "PRESERVATION AND
MANAGEMENT REQUIREMENTS
The Council of the City of Palo Alto does ORDAIN as
fol!ows:
SECTION I. Chapter 8.10 of Title 8 (Trees and Vegetation)
of the Palo Alto Municipal Code is hereby amended to read as
follows:
CHAPTER 8.10
TREE PRESERVATION AND MANAGEMENT REGULATIONS
8.10.010 Purpose.
The purpose of this chapter is 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 establishment of standards for
removal, maintenance, and planting of trees. In establishing these
procedures and standards, it is the City’s intent to encourage the
preservation of trees.
8.10.020 Definitions.
For the purposes of this chapter, the following definitions
shall apply:
(a)"Building Area" means that area 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 parce!, where
there exists no feasible means of access which would avoid
protected trees. On single-family residential parcels, the portion
of the.parce! deemed to be the building area under this paragraph
(a) (2) shall not exceed ten feet in width.
(b) !’Building Footprint" means the two-dimensional
configuration of a building’s perimeter boundaries as measured on
a horizontal plane at ground leve!.
(c) "Dangerous" means an imminent hazard or threat to the
safety of persons or property.
(d) "Development" means any work upon any property in the
City which requires a subdivision, planned community zone,
variance, use permit, building permit, demolition permit, or other
990609 sdl 0052221 1
City approval or which involves excavation, landscaping
construction within the dripline area of a protected tree.
or
(e) "Director" means the director
community environment or his or her designee.
of planning and
(f) "Discretionary development approval" means planned
community zone, subdivision, use permit, variance, home improvement
exception, design enhancement exception, or architectura! review
board approval.
(g) "Dripline area" means the area within X distance from
the trunk of a tree, measured from the center, where X equals a
distance ten times the diameter of the trunk as measured four and
one-half feet (fifty-four inches) above natura! grade.
(h) "Excessive pruning" means removal of more than one-
fourth of the functioning leaf and stem area of a tree in any
twelve-month period, or removal of foliage so as to cause the
unbalancing of a tree. ~-
(i) "Protected tree" means:
(i) Any tree of the species Quercus agrifolia (Coast
Live Oak) or Quercus lobata (Valley Oak) which is eleven and
one-half inches in diameter (thirty-six inches in circumference) or
more when measured four and one-half feet (fifty-four inches) above
natura! grade; and
(2) A heritage tree designated by the City Council in
accordance with the.provisions of this chapter.
(j) "Remove" means any of the following:
(i) Complete removal, such as cutting to the ground
or extraction, of a tree;
(2) Taking any action foreseeably leading to the
death of a tree-or permanent damage to its health; including but
not limited to excessive pruning, cutting, girdling, poisoning,
overwatering, unauthorized relocation or transportation of a tree,
or trenching, excavating, altering the grade, or paving within the
dripline area of a tree.
(k) "Tree" means any woody plant which has a trunk four
inches or more in diameter at four and one-half feet above natura!
grade level.
(!) "Tree report" means a report prepared by an arborist
certified by the Internationa! Society of Arboriculture or another
nationally recognized tree research, care, and preservation
organization.
(m) "Tree Technical Manual" means the regulations issued
by the City Manager to implement this Chapter.
990609 sdl 0052221 2
8.10.030 Tree Technical Manual.
The City Manager, through the Departments of Public Works
and Planning and Community Environment, .shall issue regulations
necessary for implementation of this Chapter, which shall be known
as the Tree Technical Manua!. The Tree Technical Manual wil! be
made readily available to the public and shall include, but need
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 (including but not
limited to pruning, irrigation, and protection from disease);
(d) The format and content of tree reports required to be
submitted to the City pursuant to this Chapter;
(e) The criteria for determining whether a tree is
dangerous within the meaning of this Chapter.
trees.
8.10.040 Disclosure of information regarding existing
(a) Any application for discretionary development
approval, or for a building or demolition permit where no
discretionary deve!opment approval is required, shall be
accompanied by a statement by the property owner or authorized
agent which disc!oses whether any protected trees exist on the
property which is the subject of the application, and describing
each such tree, its species, size, dripline area, and location.
This requirement shal! be met by including the information on plans
submitted in connection with the application.
(b) In addition, the location of all other trees on th~
site and in the adjacent public right of way which are within
thirty feet of the area proposed for development, and trees located
on adjacent property 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 purposes of this Chapter
including but not limited to photographs.
(d) Disclosure of information pursuant to this section
shall not be required when the development for which the approval
or permit is sought does not involve any change in Building
Footprint nor any grading or paving.
(e) Knowingly or negligently providing false or misleading
information in response to this disclosure requirement shal!
constitute a violation of this Chapter.
990609 sdl 0052221 3
8.10.050 Prohibited acts.
It shall be a violation of this Chapter for anyone, to
remove or cause to be removed a protected tree, except as allowed
in this Section:
(a) In the absence of development, protected trees shall
not be removed unless determined by the Director of Planning and
Community Environment, on the basis of a tree report prepared by a
certified arborist for the applicant and 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 subdivision:
(i) Protected trees shall not be removed unless the
trunk of the protected tree is within the Building Footprint, or
the Director of Planning and Community Environment has determined,
on the basis of a tree report prepared by a certified arborist for
the applicant and 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.
(2) If no Building Footprint exists, protected trees
shall not be removed unless the trunk of the tree is located in the
Building Area, or the Director’ of Planning and Community
Environment has determined, on the basis of a tree report prepared
by a certified arborist for the applicant and 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.
(3) If removal is allowed because the tree is located
in the Building Footprint or Building Area, or because the Director
of Planning and Community Environment has determined that the tree
is so close to the Building Area that construction would result in
the death of the tree, the tree removed shall be replaced in
accordance with the standards in the Tree Technical Manual.
(c) In connection with a proposed subdivision of land into
two or.more parcels, no protected tree shal! be removed unless
removal is unavoidable due to restricted access to the property or
deemed necessary to repair a geo!ogic hazard (landslide, repairs,
etc.) The tree removed shall be replaced in accordance with the
standards in the Tree Technical Manual. Tree preservation and
protection measures for any lot that is created by a proposed
subdivision of land shal! comply with the regulations of this
Chapter.
990609 sdl 0052221 4
(d) In all circumstances other than those described in
paragraphs (a), (b) and (c) of this Section, protected trees shall
not be removed unless one of the following applies:
(i) The Director of Planning and Community
Environment has determined, on the basis of a tree report prepared
by a certified arborist for the applicant and other relevant
information that the tree should be removed because it is dead,
dangerous or constitutes a nuisance under Section 8.04.050(2). In
such cases, the dripline area of the removed tree, or an equivalent
area on the site, shall be preserved from development of any
structure unless removal would.have been permitted under paragraph
(2), and tree.replacement in accordance with the standards in the
Tree Technical Manua! shal! be required.
(2) Removal is permitted as part of project approval
under Chapter 16.48 of this code, because retention of the tree
would result in reduction of the otherwise-permissible Building
Area by more than twenty-five percent. In such a case, the approval
shall be conditioned upon replacement in accordance with the
standards in the Tree Technical Manual.
18.
8.10.060 No limitation of authority under Titles 16 and
Nothing in this Chapter limits or modifies the existing
authority of the City under Chapter 16.48 of Title 16
(Architectural Review) and Title 18 (Zoning Ordinance) to require
trees and other plants not covered by this Chapter to be
identified, retained, protected, and/or planted as conditions of
the approval of development. In the event of conflict between
provisions of this Chapter and conditions of any permit or other
approval granted pursuant to Title 16 or Title 18, the more
protective requirements shall 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 protection of trees during
construction contained in the Tree Technica! Manual shall be
followed during any development on property containing protected
trees.
8.10.080 Development conditions.
(a) Discretionary development approvals for property
containing protected trees will include appropriate conditions
providing for the protection of such trees during construction and
for maintenance of the trees thereafter.
(b) It shall be a violation of this Chapter for any
property owner or agent of the owner to fail to comply with any
990609 sdl 0052221 5
development approval condition concerning preservation, protection,
and maintenance of any tree, including but not limited Lo protected
trees.
8.10.090 Designation of Heritage Trees.
(a) Upon nomination by any person and with the writhen
consent of the property owner(s), the City Counci! may designate
tree or trees as a heritage tree.
(b) A tree may be designated as a heritage tree upon a
finding that it is unique and of importance to the community due to
any of the following factors:
species;
(i)It is an outstanding specimen of a desirable
Alto;
(2)It is one of the largest or oldest trees in Palo
(3) It possesses distinctive
location, and/or historical significance.
form, size, age,
(c) After Counci! 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 specific !ocations
thereof, shall be kept by the Departments of Public Works and
Planning and Community Environment.
(d) Once designated, a heritage tree sh~ll be subject to
the provisions of this Chapter unless removed from the list of
heritage trees by action of the City Council. The City Council may
remove a tree from the list upon its own motion or upon written
request by the property owner. Request for such action must
originate in the same manner as nomination for 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
Building Official, Assistant Building Official, Code Enforcement
Officer, Planning Arborist.
8.10.110 Enforcement - Remedies for Violation.
In addition to all other remedies set forth in this code or
otherwise provided by law, the following remedies shall be
available to the City for violation of this Chapter:
(a)Stop Work - Temporary Moratorium.
(I) If a violation occurs during development, the
City may issue a stop w~rk order suspending and prohibiting further
activity on the property pursuant to the grading, demolition,
and/or building permit(s) (including construction, inspection, and
990609 sdl 0052221 6
issuance of certificates of occupancy) until a mitigation plan has
been filed with and approved by the Director, agreed to in writing
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, and
shall provide for replacement of each tree removed on the property
or at locations approved by the Director of Planning and Community
and by the Director of Public Works, if replacement is to occur on
public property. The replacement ratio shal! be in accordance with
the standards set forth in the Tree Technical Manual, and.shall be
at a greater ratio than that required where tree removal is
permitted pursuant to the provisions of this Chapter.
(£) If a violation occurs in the absence of
development, or while an application for a building permit or
discretionary development approval for the lot upon which the tree
is located is pending, the Director may issue a temporary
moratorium on development of the subject property, not to exceed
eighteen months 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
approvals for the property. Mitigation measures as determined by
the Director shall be imposed as a condition of any subsequent
permits for deve!opment on the subject property.
(b)Civil Penalties.
(I) As part of a civil action brought by the City, a
court may assess against any person who commits, allows, or
maintains a violation of any provision of this Chapter a civi!
penalty in an amount not to exceed $5000 (five thousand dollars)
per violation.
(2) Where the violation has resulted in removal of a
tree, the civil penalty shall be in an amount not to exceed $5000
(five thousand dollars) per tree unlawfully removed, or the
replacement value of each. such tree, whichever amount is higher.
Such amount shall be payable to the City. Replacement value for the
purposes of this Section shall be determined utilizing the most
recent edition of the Guide for Plant Appraisal, published by the
Counci! of Tree and Landscape Appraisers.
(c) Injunctive Relief. A civil action may be commence~ 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, reasonable expenses including overhead and
administrative costs incurred in prosecuting the action, and
reasonable attorney fees.
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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.
8.10.130 Severability.
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 invalidity shall not affect 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.
8.10.140 Appeals.
Any person seeking the Director’s approval to remove a
protected tree pursuant to this Ordinance who is aggrieved by a
decision of the Director may appea! such decision in accordance
with the procedures set forth in Section 16.48.090 of Chapter 16.48
of the Municipa! Code.
SECTION 2. The City Council finds that this project is
exempt from the provisions of the Environmenta! 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.
INTRODUCED: May 15, 1999
PASSED:June 7, 1999
AYES:
NOES:
EAKINS, FAZZINO, HUBER, KNISS, MOSSAR, OJAKIAN, ROSENBAUM, SCHNEIDER,
WHEELER
ABSTENTIONS :
ABSENT :
ATTEST :
City Clerk
APP.:
C~y/Attorney
Director of Planning
Community Environment
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