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HomeMy WebLinkAbout2004-07-12 City Council (10)City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:JULY 12, 2004 CMR: 339:04 SUBJECT:REQUEST FOR CITY COUNCIL TO ADOPT A RESOLUTION DESIGNATING A HERITAGE TREE OWNED BY MS. BARBARA CARLITZ, AT 2291 RAMONA STREET RECOMMENDATION Staff recommends that the City Council adopt a resolution designating an Aleppo Pine, located at 2291 Ramona Street, for heritage tree status at the request of the owner of the property (Attachment A). BACKGROUND In 1996; the City Council enacted the Tree Preservation Ordinance (Attachment D) in order to preserve and maintain specified native oaks, redwoods and heritage trees on private property, and to protect them from disfigurement or removal, except in certain circumstances. Chapter 8.10.090 of the Ordinance allows persons to nominate a tree on their property as a Heritage Tree. After City Council approval of such designation, the tree is added to the heritage tree listing, which includes such information as specific location, overall size, canopy spread, etc. The list is maintained by the Department of Planning and Community Environment. The Heritage Tree list (Attachment C), is publicly available on the City’s Tree Programs website at http://www.city.palo- alto.ca.us/trees/herita~etreelist.html. Once designated, a heritage tree benefits from all the provisions of the Tree Preservation and Management Regulations, unless removed from the heritage tree list by subsequent action of the City Council at the request of the property owner. CMR: 344:04 Page 1 of 3 DISCUSSION Staff has reviewed the application and fully discussed the benefits, restrictions and obligations that apply for a tree on private property being designated as a Heritage Tree by the Council. Ms. Carlitz is committed to the following understanding of this designation, which is: To maintain the tree according to the standards of practice, care and stewardship as outlined in the Palo Alto Tree Technical Manual To disclose this obligation to future owners of the property, and To allow the address and tree location to appear on City inventory lists and maps. Staff has evaluated the tree and supports the heritage tree designation. The tree is of sound health and structure, is a significant contribution to the landscape scheme of the property, provides superior curb appeal to the neighborhood and, with reasonable care, will live for many years to come. To be designated as Heritage Tree No. 7, the tree must meet one or more of the criteria listed below. (1) (2) (3) (4) The pine satisfies PAMC Section 8.10.090 requirements The pine is an outstanding specimen of a desirable species The pine is one of the largest and oldest in Palo Alto The pine possesses distinctive form, size, age and location The Aleppo Pine meets the standards for heritage tree designation set forth in Chapter 8.10.090 and Heritage Tree checklist (see Attachment C). Written request, consent and photographs from Ms. Carlitz have been received along with a written analysis of the tree’s specific location, size, dimensions, quality and economic value prepared by consulting arborist, Jim McClenahan, (see Arborist Report, Attachment B). The tree was probably planted at the time the house was built, circa World War I, when the house was used as a summer cottage on a large acre size property. Barbara Carlitz bought this property because of the notable trees on it, has appropriately remodeled around the tree and is committed to care’ for the tree. The tree has been well maintained and has a favorable prognosis for the future. The tree is a desirable species, healthy and sizable, and is perhaps the best example of an Aleppo Pine in all of Palo Alto. The Aleppo Pine tree contributes approximately $39,800 to the real estate value of this property (see Attachment B). RESOURCE IMPACT There is no resource impact to the City of Palo Alto expected by this designation. POLICY IMPLICATIONS The recommended action would continue to promote the pattern for other Heritage Tree designations and is consistent with the existing City policies and the overall Urban Forest Objectives and Goals, N-3 and Policy N-17 of the Palo Alto Comprehensive Plan. CMR: 344:04 Page 2 of 3 TIMELINE Being adopted by resolution, 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. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Resolution Application request letter and image of Aleppo Pine Arborist Report and Economic Valuation Heritage Tree List, Application Checklist Tree Preservation and Management Regulations (Ord.#4568) PREPARED BY: DEPARTMENT HEAD REVIEW: Dave Dockter, Planning Arbofist, Planning Division Director of Planning and Community Environment CITY MANAGER APPROVAL: SON Assistant City Manager Ms. Barbara Carlitz Jim McClenahan, Consulting Arborist Canopy: Trees for Palo Alto CMR: 344:04 ~Page 3 of 3 Attachment A RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DESIGNATING A HERITAGE TREE AT 2291 RAMONA STREET WHEREAS, Pursuant to Palo Alto Municipal Code section 8.10.090, upon nomination by any person and with the written consent of the property owner(s), the City Council may designate a tree as a heritage tree; WHEREAS, 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: (i)It is an outstanding specimlen of a desirable species; (2)It is one of the largest or oldest trees in Palo Alto; or (3)It possesses distinctive form, size, age, location and/or historical significance; WHEREAS, Barbara Carlitz, the owner of property located at 2291 Ramona Street, has requested that an Aleppo Pine tree on her property be designated as a heritage tree; and WHEREAS, the City Council finds that the tree is unique and of importance, to the community because it is a desirable species, healthy, sizable, and is perhaps the best example of an Aleppo Pine in the City. NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION i. The Aleppo Pine tree located at 2291 Ramona Street is designated as a heritage tree. // // // // 040625 syn 8250079 1 SECTION 2. The tree shall be added to the City’s Heritage Tree List and is subject to the provisions of Chapter 8~i0 of the Palo Alto Municipal Code (Tree preservation and Management Regulations). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM:City Manager Special Counsel Director of Planning and Community Environment 040625 syn 8250079 City Council City of P~o ~to P.O. Box 10250 P~o ~to, CA 94303 Attachment B Dear Council Members, t am writing to ask that you consider designating a tree on my prope~ty as a Heritage Tree as outlined in CPA Municpal Code 8.10.090. ! am prepared to maintaJ_u the tree according to the standard practice of care and stewardship, to disclose this obligation to future owners, and to al!ow the address amd tree location to appear on ci~ fluventory lists and maps. The tree for which ! request such status is am AIeppo pLne which was probably planted about the time my house was built, eft-ca World War i. My property was at one time an acre and the house was apparently built as a summer cottage by someone who normal!y lived fl~ San Francisco rand preferred to garden fl] sunshine. The additional presence of a venerable fig rand two italian c]rpresses h~l the the gin-den leads me to imagine ~_ Italiar~-American fa_miiy who planted trees reminding them of their southern European roots. !t is a lovely, healthy speciman which is a dominant feature of the neighborhood. Jh~_~ lvicCIenahan, in whose care the tree has been durh~g my ownership and whose letter t include, finds it perhaps the best exmmpie of an Aieppo pine in Palo/~3to. When i bought this proper~ in! 986, my mortgage broker opined that the property was not notable for its house, but for its wonder~a! trees, t hm~e improved the house and zealously gum-ded the trees. The Aieppo pine deserves your support as we~. I hope you ~#KI joi_u me in appreciating it! _ m~iuae the requestedpho~og~_ap.h a~ bonst ~ ~epo~ anct s~ pIax~. Please ad~nse me ff you require more mfonmat]on. V~ ~m thanks ~or your consideration. oms sincerely, Barbara CartA~ 2291 Ramona Street Palo Aito, CA 94301 McCLENAHAN Attachment C CONSULTING, LLC February 5, 2004 Mrs. Barbara B. Carlitz 2291 Ramona Street Palo Alto, P~.,,~,,,~,i~,.,~,,.~,,, ,,~, 94301 Assignment As requested, I inspected the Aleppo pine to determine present condition, appraised value, and possible qualifications for heritage tree designation. Background The tree is located at the left front of the property, 27’ from sidewalk and 2’ from the property line. Pruning to include endweight reduction and deadwood removal was accomplished February 3, 1987, December 20, 1993, December 17, 1998 and December 27, 2001. Fertilization was accomplished to increase tree vigor after exposure to climatic extremes on March 13, 1989 and March 17, 1994. Cabling of scaffold structure is inspected and reviewed during each pruning operation. This work has been accomplished -for the current owner. No history of prior work was made available. Summary The tree is a mature specimen of Aleppo pine estimated at 70 plus years of age. The trees growth characteristics of gnarled, irregular trunks and sweeping scaffold branch structure typify the species. This specimen is one of the largest, if not the largest Aleppo ~-,-,.,~_,.’~.!~ ,~-,-,,~, ... .....-,_~ ,4÷,, .~,-.,.~,~_ The ~" ispine in the Palo Alto area. , ,,e .tree is v, .....,,,.,,,, .~,~v~.,~ ~,,,~ ~,,.,,.,,~, ..... considered a significant asset to the property and enhances the aesthetic beauty of the neighborhood. Meth~oio..g.V In determining Tree Condition several factors have been considered which include: Rate of growth over several seasons; ~ decays or weaknesses; Presence of disease or insects; and Life expectancy. !ARASTRADERO ROAD, PORTOLA VALLEY, CA 94028-8012 ¯ TEL (650) 326-8781 ¯FAX (650) 854-1267 WWW.SPMCCLENAHAN.COM Mrs. Barbara B, Carlitz Page 2 February 5, 2004 The following guide for interpretation of Tree Condition as related to Life Expectancy is submitted for your information. 0- 5 Years = Poor 5 -10 Years = Poor to Fair 10 -15 Years = Fair 15 -20 Years = Fair to Good 20 + Years = Good No root crown exploration, climbing or plant tissue analysis was performed as part of this survey. In determining the monetary value, the adjusted trunk formula method of appraisal has been adopted for trees greater than 30" in diameter. The adjusted trunk formula method determines the basic value and then adjusting that value depending on the trees condition and location ratings. Basic value is the cost of replacement and the increase in value due to the larger size of the tree being appraised compared to the size of the replacement tree. Please be advised that the Council of Tree and Landscape Appraisers representing The American Association of Nurserymen, American Society of Consulting Arborists, Landscape Contractors of America, international Society of Arboriculture and National Arborist Association who have approved and adopted this method of plant valuation authored this method of plant appraisal. in determining species rating, factors considered include: ..,,mate =,,d s,~il growth characteristics resistance to insects and disease maintenance requirements aesthetic values In determining condition rating, factors considered include: rate of growth over several seasons structural decays or weaknesses presence of insects or disease life expectancy Mrs. Barbara B. Carlitz Page 3 February 5, 2004 In determining location rating, factors considered include: site functional and aesthetic contribution placement Tree Description!Observation Species: Aieppo pine (Pinus ha/epensis) Low branching: 38.2", 34.8 DSH (diameter standard height) Height: 55’ Spread: 60’ Condition: Good Observation: Foliage is of uniform size, coloration and twig elongation indicates normal vitality. Tree structure is sound with no visible signs of decay. Bifurcation at a 4 foot height exhibits. strong wood attachment. Cabling of scaffold limbs has provided additional structural support. Tipping back to provide necessary power line clearances has not altered tree appearance. The root crown has been maintained at natural grade. Buttress roots are visible at 1’ from trunk. A_.p_praisal Basic Value $ 63,576.00 Species Classification 80% Condition Rating 80%$ 50,861~00 Location Rating 78.3%$ 39,824.00 (Site: 85% Contribution: 75%Placement: 75%) Appraised Value .................................................$ 39,800.00 Conclusion The maintenance history of this tree over the last 20 years has been sufficient to allow sustained tree vitality. Inspections and monitoring of tree vigor and structure are accomplished on an annual basis. The prognosis for continued health of this tree is considered most favorable. Designation as a ’Her.itage Tree’ in the City of Palo Alto is well deserved. Mrs. Barbara B. Carlitz Page 4 February 5, 2004 I trust this information will be of assistance. Should you have any questions, or if we may be of further assistance in these concerns, kindly contact our .office at any time. Very truly yours, McCLENAI:iAN£Q~.,~ULTING, LLC ""£e~ister.ad Consu.ting Arborist #249 -- ~ ~/~rican Society of Consulting Arborists JMMc: ~m / The Value of Trees to a Home Sonrce: National Arbor Day Foundation Trees can add value to your home, help cool your home and neighborhood, break the cold winds to lower your heating costs, and provide food for wildlife. The Value of Trees to a Community The following are some statistics on just how important trees are in a community setting. "The net cooling effect of a young, healthy tree is equivalent to ten room-size air conditioners operating 20 hours a day." -U.S. Department of Agriculture "Trees alone can boost the market value of your home by an average of 6 or 7 percent." -Dr. Lowell Ponte. "Complete landscaping, including the trees, can increase property values as much as 20-30 percent." -Management Information Services/ICMA "Trees pay us back. For every $1 invested, trees give back $2. Trees work with other infrastructure to play a direct role to mitigate storm event flooding during, such as in El Nino years in California. Rain interception and absorbtion of 2300 gallons annually from large shade trees saved our city more than $155,000 per year for city street trees alone. Added to this, trees on private property reduced the potential flooding damage costs by an additional $465,000" - Dave Dockter, City of Palo Alto H:\All Data\Urban Forestry\Value of Trees to a Home.doc The Value of Trees to a Home Source: National Arbor Day Foundation "One acre of forest absorbs six tons of carbon dioxide and puts out four tons of oxygen. This is enough to meet the annual needs of 18 people."-U.S. Department of Agriculture "There are about 60-to 200- million spaces along our city streets where trees could be planted. This translates to the potential to absorb 33 million more tons of CO2 every year, and saving $4 billion n energy costs." -National Wildlife Federation "Trees properly placed around buildings can reduce air conditioning needs by 30 percent and can save 20 - 50 percent in energy used for heating." -USDA Forest Service "Trees can be a stimulus to economic development, attracting new business and tourism. Commercial retail areas are more attractive to shoppers, apartments rent more quickly, tenants stay longer, and space in a wooded setting is more valuable to sell or rent." -The National Arbor Day Foundation "Shade from trees could save up to $175 per year (per structure) in air conditioning costs." -Dr. Lowell Ponte "Healthy, mature trees add an average of 10 percent to a property’s value." -USDA Forest Service "The planting of trees means improved water quality, resulting in less runoff and erosion. This allows more recharging of the ground water supply. Wooded areas help prevent the transport of sediment and chemicals into streams." USDA Forest Service "In laboratory research, visual exposure to settings with trees has produced significant recovery from stress within five minutes, as indicated by changes in blood pressure and muscle tension." -Dr. Roger S. Ulrich Texas A&M University "Nationally, the 60 million street trees have an average value of $525 per tree." -Management Information Services To help locate New York City’s heritage trees, the City Department of Parks and Recreation conducted a program called the "Great Tree Search." New Yorkers looked for trees of unusual size and age, those linked with historic landmarks, and tress of unusual species or location. On Arbor Day, they held a big party to celebrate New York City’s Great Trees. After a tornado destroyed more than 800 trees in Cardington, Ohio, citizens organized a tree restoration committee which solicited donations and memorials. Volunteers who learned of the tree planting through local newspaper articles appeared on Arbor Day to wrap trunks, water, mulch, and stake 40 large trees which were planted along major streets. H:kAII Data\Urban Forestry\Value of Trees to a Home.doc City of Palo Alto - Trees Attachment D ~.J Advanced Home ~ Departments ,~ Planninq & Community Environment ~ Planning ~ Tree Ordinance Palo Alto’s Heritage Trees "In Palo Alto=-it’s the Trees! Home City-owned Trees Privately-owned Trees Tree Ordinance 8.10 Heritage Trees Tree Technical Manual Contact Us WHAT IS A HERITAGE TREE Heritage trees are individual trees of any size or species that are specifically designated as a heritage tree by the city council. Upon nomination ~by any person and with the written consent of the property owner(s), the city council may.designate a 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 anyof the following factors: (1) It is an outstanding specimen of a desirable species; (2) It is one of the largest or oldest trees in Palo Alto; (3) It possesses distinctive form, size, age, location, and/or historical significance. (c) After council approval of a heritage tree designation, the city clerk shall notify the property owner(s) in writing. For more infOrmation, please refer to the Tree Ordinance, 8.10.090 Designation of heritage trees, and the Heritage Tree Application Checklist, Appendix N of the Tree Technical Manual. HERITAGE TREE LISTING #1 - The El Palo Alto Redwood, is located in El Palo Alto Park, corner of Alma and Palo Alto Way, on the banks of San Francisquito Creek. The tree is California Historical Landmark #2, is 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’; frequented by the Coastanoan/Ohlone Indians; and used as a sighting tree by surveyors plotting out El Camino Real. The Sequoia sempervirens, Coast Redwood is 90-inches in diameter, 110-feet in height (compared to 134.6- feet in 1951) and has a crown spread of 40-feet. The tree is, as of 2002, 1061 years old and is healthier today than 100 years ago. #2 - The Rinconada Oak, is located in Rinconada Park, along Embarcadero Road. The Quercus agrifolia, Coast Live Oak is 52-inches in diameter, 75-feet in height and has a crown spread of nearly 120-feet. The trees is over two centuries old and was dedicated by Mayor Liz Kniss in 1994. #3 - Coast redwood, is located on private property in the rear of 3759 La Donna Street, Palo Alto. The Sequoia sempervirens, Coast Redwood is 64.6-inches in diameter, 125-feet in height and has a crown spread of nearly 25-feet. In 1999, the tree was valued at $32,600 and was estimated to be over a century old. http://www.city.palo-alto.ca.us/trees/herita~etreelist.html 6/14/2004 City of Palo Alto - Trees Page 2 of 2 #4~ Dawn redwood~ is located on priVate property n the front of 1032 Forest A~enue, Palo Alto: The Metasequoiaglyptostrobodiesi Dawn Redwood is 27qnches in diameteG 48:feet i~ height and has a crown ¯ spread of nearly 40’feet: In 1999, the tree was valued at $13,000 and was estimated to be nearly a third century old. #5 - Silver maple, is located on private property/in the rear of 1872 Edgewood Drive, Palo Alto; TheAcer saccarinum, Silver Maple is 55.2- inches in diameter, 72-feet in height and has a crown spread of nearly 95- feet. In 2000, the tree was valued at $16,900 and was estimated to be over half a century old. #6 - American elm, is located on private property in the center of the San Alma Homeowners Association property, 4256 Ponce Drive, Palo Alto on the site where Don Secundo Robles (owner of all the land that is now Palo Alto) built his adobe home sometime before 1840. The Ulmus americana, American Elm is 39.5-inches in diameter, 60-feet in height and has a crown spread of nearly 60-feet. In 2000, the tree was valued at $10,200 and was ¯ estimated to be over half a century old. Copyright © 2001, City of Palo Alto. Please read our Acceptable Use Policy .This page was last reviewed: December 7, 2001 [][][][][] [] [] Attachment E ORDINANCE NO. 4362 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 8.10 TO TITLE 8 OF THE PALO ALTO MUNICIPAL CODE REGARDING TREE PRESERVATION AND MANAGEMENT REGULATIONS The Council of the City ofPalo Alto does ORDAIN as follows: SECTION 1.The City Council finds as follows: (a) The City of Palo Alto is endowed and forested by native oaks and other heritage trees, which give the City a unique visual character and enhance property values. The vestiges of the original abundant oak fc;rest so well adapted to much of this region, are increasingly threatened after more than a century of development. Redwood trees have a special role in Palo Alto’s history due to the original "El Palo Alto" Redwood serving as a regional landmark. The City Seal includes a Redwood tree as its central focus. Redwood trees are among the tallest trees in the Cit.y and are the State Tree of California. Moreover, Redwood trees are planted widely in Palo Alto so that virtually every neighborhood has been and can be impacted by the removal of large Redwoods. Preservation and maintenance of the remaining healthy native oaks, redwoods and other heritage trees will retain their great historic, aesthetic, and environmental value for the benefit of all residents. Preservation of these trees is important for the following. reasons: of the City; (1)To protect and conserve the aesthetic and scenic beauty (2)To encourage and assure quality development; (3)To protect the environment of the city; (4) To aid in the reduction of air pollution by protecting the known capacity of trees to produce oxygen and ingest carbon dioxide; (5)To help reduce potential damage from wind; (6)To provide shade; (7)To protect property values; (8)To act as a noise barrier; and (9)To assist in the absorption of rainwater into the ground, thereby protecting against potential damages from. soil erosion and flooding, as well as reducing the cost of handling.storm water by artificial means. (b) In order to promote the health, safety, and general welfare of the Palo Alto Municipal Code, Chapter 8.10, Overview of Findings Tree Presewation and Management Regulations. residents of the City, while recognizing the int6rests of the 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, Chapter 8.10 TREE PRESERVATION AND MANAGEMENT.REGULATIONS* Sections: 8.10.010 8.10.020 ,8.10.030 8.10.040 8.10.050 8.10.060 8.10.070 8.10.080 8.10.090 8.10.100 8.10.110 Purpose. Definitions. Tree Technical Manual. Disclosure of information regarding existing trees. Prohibited acts. No limitation of authority under Titles 16 and 18. Care of protected trees. Development conditions. Designation .of heritage trees ....... Responsibility for ~nforcement. Enforcement - Remedies for Violation. 8.10.120 Fees. 8.10.130 Severability. 8.10.140 Appeals. I*Edi{or’s Note: Prior Ordinance.History: Section 2 of Ord. 4362 was previously codified herein, and was not specifically repealed by adoption of Ord.. 4568. Revisions to Section 2 and Section 3 of Oral. 4362 were codified by theadoption of Ord. 4680. 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 p.roperty 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. (Ord. 4568 § 1 (part), 1999) 8.10.020 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) "Basal flare" means that protion of a tree where there is a rapid increase in diameter at the confluence of the trunk and root crown. (b)".Building area" means that area of a parcel: (1)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 ai, oid protected trees. On single-family residential parcels, the portion of the parcel deemed to be the buiIding areaunder this paragraph (a)(2) shall not exceed ten feet in’ width. (c) "Building footprint" means the two-dimensional configuration of an existing building’s perimeter boundaries as measured on a horizontal plane at ground level. (d) "Hazardous" means an imminent hazard or threat to the safety of persons or property. ¯ (e) "Development".means any work upon any property in the city which requires a subdivision, planned community zone, variance,use permit, building permit, demolition pert’nit, or othercity approval or which involves.excavation, landscaping or construction within the dripline area of a protected tree.. (f) "Director" means the director of planning and community environment or his or her designee. (g) "Discretionary development ’approval" means plannedcommunity zon.e, subdivision, use perm.it, variance, home improvement exception, design enhancement exception, or architectural review board approval. (h) "Dripline area" means the area within X distance from the perimeter of the trunk of the tree at four and one-half feet (fifty-four inches) above natural grade, where X equals a distance ten times the diameter of the trunk as measured four. and one-half feet (fifty-four inches) above natural grade: (i) "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. (j)"Protected tree" means: (1)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 natural grade; and (2) Any Redwood tree (species Sequoia sempervirens) that is eighteen inches in diameter (fifty:seven inches in circumfrence) or more when measured four and one-half feet (fifty-four inches) above natural grade, (3)A heritage tree designated by the city council in accordance with the provisions of this chapter. (k)"Remove" means any of the following: (1)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, po!soni~g, overwatering, unauthorized.relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree. (1) "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. (m) "Tree report" means a report prepared by an arborist certified by the International Society of A.rboriculture or another nationally recognized tree research, cite, , and preservation organization. (n) ."Tree Technical Manual" means the regulations issued by the city manager to implement this chapter.. (Oral. 4568 § 1 (part), 1999) ¯ 8.10.030 Tree Technical Manual. The city manager, through the department.s of public works and planning and community environment,, shall issue regulations n6cessary for implementation of this chapter, which shall be known as the Tree Technical Manual. The Tree Technical Manual will be made readilyavailable to the public and shall include, but need not be limited to, standards and specifications regarding: (a). Pr6tection 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. (Oral. 4568 § 1 (part), 1999) 8.10.040 Disclosure of information regarding existing trees. (a) Any application for discretionary development approval, or for a building or demolition permit where no discretionary development approval is required, shall be accompanied by a statement by the property owner or authorized agent which discloses 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 r.equirement 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 the 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, shal! 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 shall constitute a violation of this chapter. (Ord. 4568 § 1 (part), 1999) 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, protecied 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, is hazardous, is a detriment to or crowding an adjacent protected tree, 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: ¯ (1) Protected trees, shall not be removed unless the trunk or basal flare of the protected tree is ,touching or 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, is hazardous, is a detriment to or crowding an adjacent protected tree, or constitutes a nuisance under Section 8.04.050(2) of this code. (2) If no building footprint exists, protegted 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, is hazardous, is a detriment to or crowding an adjacent protected tree, or.constitutes a nuisance under Section 8.04.050(2) of this code. (3) If removal is allowed because the tree trunk or basal flare is loc. ated in the building footpm.’nt, or the trunk is in the building area, or because the director of planning and community environment has determined .that tlie tree is so close to the buil’ding 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 parceIs,, no protected tree shall be removed unless removal is unavoidable due to restricted access to the property or deemed necessary to repair a geologic 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 shall comply with the regulations of this chapten ~ (d) In all circumstances other than those described in p~ragraphs (a), (b) and (c) of this section, protected trees shall not be removed unless one of the following applies: (1) The director of planning and community environment has determined, on the basis of a tree report.prepared by a certified arboristfor 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 Manual shall be required. (2) Removal is permitted as part of project approval under Chapter 16,48 of thi~ code, because retention of the tree would result in reduction of the.otherwise- perraissible 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 ......... . (Ord. 4568 § 1 (part), 1999) 8.10.060 No limitation of authority under Titles 16 and 18. Nothing in this chapter lirnits 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. (Oral. 4568 § 1 (part), 1999) 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 Technical.Manual shall be followed during any development on property containing protected trees. (Ord..4568 § 1 (part), 1999) 8.10.080 D~ ~,.!ovm,.nt (a) Discretionary development approvals for property containing protected trees will include appropriate conditions providing for the protection of such trees during consk’uction 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 development approval condition concerning preservation, protection, and maintenance of any tree, including but not limited protected trees. (Oral. 4568 § 1 (part), !999) 8.10.090 Designation of heritage trees. (a) Upon nomination by any person and with the written consent of the property owner(s), the city council may desig-nate a 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: (1)It is an outstanding specimen of a desirable species; (2)It is one of the largest or oldest trees in Palo Alto; (3) It:possesses distinctive form, size, age, location, and/or historihal sig~ficance. (c) After council approval of a heritage tree designation, the city clerk shall notify the property owner(si in .writing. A listing of trees so designated, including the specific locations .thereof, shall be kept by the departments of pubIic works and planning and community environment. (d) Once designated, a heritage tree shall 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 tke property owner. Request for such action must originate in the same manner as nomination for heritage tree designation. . (Ord. 4568 § 1 (part), 1999) 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. (Ord. 4568 § 1 (part), 1999) 8.10.110 Enforcement - Remedies for Violation. In addition to all other remedies set forth in this code or otherwise provided by lave, the. following remedies shall be available to the city for violation of this chapter: (a)Stop Work - Temporary Moratorium. (1)If a violation occurs during development, the city may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demoIition, 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 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 shall 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. (2) If a violation occurs in the absence of.development, or while an application for a building permit or discretionary development approval ~or 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 o~cun-ed. 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 development 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 civil penalty in an amount not to exceed 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 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 Council of Tree and Landscape Appraisers. (c) Injunctive Relief. A civil 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 c!ty 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. (Ord. 4568 § 1 (part), 1999) 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. (Ord.4558 § 1 (part), 1999) 8.10.130 Sevei’ability. 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. (Ord. 4568 § 1 (part), 1999) 8.10.140. Appeals. An5? person seeking the director’s approval to remove a protecte.d tree pursuant to thisOrdinance whois aggrieved by a decision of the director may appeal such decision in accordance with the procedures set forth in Section 16.48.090 of Chapter 16.48 of the Municipa! Code. (Oral. 4568 § 1 (part), !999)