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HomeMy WebLinkAbout2001-03-12 City Council (25)City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER 6 DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:MARCH 12, 2001 CMR:152:01 SUBJECT:. REQUEST FOR CITY COUNCIL TO APPROVE THE DESIGNATION OF A SILVER MAPLE LOCATED AT 1872 EDGEWOOD DRIVE AS HERITAGE TREE NO. 5 RECOMMENDATION Staff recommends that Council approve the designation of heritage status for a Silver Maple located at 1872 Edgewood Drive as Heritage Tree No. 5 (Attachment A). BACKGROUND Chapter 8.10.090 of the Palo Alto Municipal Code (PAMC), entitled ’"Designation of Heritage Trees," provides for persons to nominate a tree on their property as a heritage tree (Attachment B). After City Council approval of such designation, the tree will be included in a listing maintained by the Planning and Community Environment Department. This listing includes information such as specific location, overall size and ¯ canopy spread. Once designated, a heritage tree will be subject to the provisions of the Tree Preservation and Management Regulations unless removed from the list by subsequent, action of the City Council. These regulations include guidelines and restrictions regarding pruning, removal and development that impacts the tree. On October 23, 2000, the Silver Maple at 1872 Edgewood Drive was to be considered for designation by Council. The item was delayed in order to respond to concerns from a neighboring homeowner. These concerns are addressed in the discussion section of this report. DISCUSSION Mr. Donald Stamer and Ms. Mary Stamer, owners of the property at 1872 Edgewood Drive, filed an application for heritage tree status for the Silver Maple located in the rear side yard of their property. ~A written request, consent and photographs have been received from the Stamers. In addition, a written analysis of the tree’s specific location, size, dimensions and qualities was conducted by arborist Kenneth D. Meyer of Mayne CMR:I52:01 Page 1 of 3 Tree Expert Company, Inc. (The letter of request/consent and arborist report is included as Attachment A). The appraised valuation of the tree contributes $16,900 to the value of this property, according to the arborist report. In its initial analysis, staff found the tree to be an outstanding example of its kind and Perhaps the oldest and biggest Silver Maple in the city. Staff concluded that the tree meets the standards for heritage tree designation set forth in the Palo Alto Municipal Code and the City’s heritage tree checklist (Attachment B). Staff Review of Neighbor Objection Council and staffhave received a letter from the immediately adjacent neighbor objecting to the heritage designation of the tree (Attachment C). The letter contends that the species is undesirable and that the tree in question is not an outstanding specimen. In particular, the letter states a concern about the size and growth rate of this species of tree and of the potential for limbs and debris to fall from the tree. Staff has reviewed and considered the concerns raised in the letter. Staff believes that the Stamers’ commitment to a high standard of care for the tree addresses the main issues cited in the objection letter. Although the species does grow rapidly and can develop poor structure, the tree is in excellent condition and the Starners have committed to maintaining its size with regular pruning to enhance its structure and alleviate.any susceptibility to breakage that may be caused by poor branch angles. If a transfer of ownership of the property occurs, it will be the Stamers’ obligation to disclose .the level of tree care commitment for the heritage tree to the new owner. In addition, the tree meets several goals set forth in the tree ordinance. It provides summer shade over the roofline, thereby reducing energy use and air conditioning costs ¯ and serves as an aesthetic-screening element between the two homes. The tree’s basal flare is also safely clear of all building foundations. Furthermore, at 72 feet in height, the tree is one of the tallest of its species in Palo Alto. Staff recommends that this tree be designated as Heritage Tree No. 5, based upon the finding that it is unique and of importance to the property owner and community because ~t meets the folloWing criteria set forth in the Tree Preservation Ordinance, Palo Alto Municipal Code, Chapter 8.10.090 (b): (1) (2) (3) It is an outstanding specimen of a desirable species; It is one of the largest of its species in Palo Alto; and It possesses distinctive form, size and age. RESOURCE IMPACT There is no resource impact expected as a result of this designation. CMR: 152:01 Page 2 of 3 POLICY IMPLICATIONS The recommended action would continue to promote the process of heritage tree designation and is consistent with existing City policies and urban forest goals and objectives. TIMELINE After designation as a heritage tree by Council, the heritage tree will be recognized as such immediately. ENVIRONMENTAL REVIEW The designation of heritage trees is exempt from provisions of the California Environmental Quality Act, 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:Donald and Mary Stamer’s Request, Photographs, and Arborist Report Attachment B:Tree Preservation and Management Regulations, Ordinance #4568 and Heritage Tree Checklist Attachment C: Neighbor’s Letter dated October 1, 2000 PREPARED BY: DAVE DOCKTER Managing Arborist, Planning Division DEPARTMENT HEAD REVIEW: G. EDWARD GAWF ~ Director of Planning and Community Environment CITY MANAGER APPROVAL: Donald and Mary Stamer Jane Sovndal Canopy: Trees for Palo Alto AUI)~-,EY SE~SIOU~ - Assistant to the City Manager CMR: 152:01 Page 3 of 3 Attachment A May 4, 2000 City Council City of Palo Alto P.O.Box 10250 Palo Alto, CA 94303 We request that our Silver maple be given heritage tree status as outlined in CPA Municipal Code 8.10.090. It is an outstanding example of its kind and perhaps the oldest and biggest in the city. It was here when we purchased our home at 1872 Edgewood Drive in 1964. Over the years we have cared for this magnificent Silver maple carefully and will continue to do so. In return we have benefited from its shade and beauty. Towering over our home, it is a natural air conditioner, even on the hottest days. It adds greatly to the canopy in our neighborhood standing taller than all but redwoods. We are sure it adds much to the serenity of our area and the property values of several homes including our own. We hereby grant consent to have our address and tree location included on the inventory list and map that may be utilized by Palo Alto residents interested in viewing the tree. It may be seen from the street but we would be happy to show its immense trunk to any who request to see it. Sincerely, Donald Starner Mary Starner Palo AIt~D3;;e’ . Mayne Tree Expert Company, Inc. ESTA.DLISHI~D 1931 RI(21~IARD L. HUNTINGTON VICe) ~1~ Ms. M~ Starner ~872 Edgewood Drive Pale Alto, CA 94303 535 BRAGATO ROAD, ST£. A SA N CARLOS, CA 94070 TEL£Pt!ONE: (6~) .~93-4400 FAX: (650) 293-4443 E MAIL: Infe@mayn¢tree.cem Re: Status of your silv.er maple Dear Ms. Startler.- On Wednesday, April 26, 2000, I inspected a large silver maple, Aeer sacc’harinum, Iocaled on your property four feet west of your house. The purpose of this inspection was to access the size, condition and value of the trec in an effort to obtain Heritage T~ee recognition by the City of Pale Alto. . The tree is 55.2 inches in diameter, with a measured height (clinometer) of 72 feet. The fuliar driplinc extends out 45 feet in radius or 95 feet in diameter including the trunk. The canopy overhangs your roof a.~ well as the neighbor’s garden to the west and a small portion of the neighbor’s garden to the south. The age of the ~rec is estimated to be 55 years, or slightly more than half the estimated life span of 100 years. Two lower limbs of about 14 int~hes in diameter, one on the southwest side and the other on the northeast side, have been removed. This gives the four major uprights a more sweeping upward appcarancc. These four major uprighls come from a central crotch tha! shows no evidence of decay, but has been strenglhencd by the addition of cables further up the tree. The overall shape of the trey is good. The structural integrity appear$ to be good and the condition Is excellent. I appraised the value oF the tree is $16,900. This was done using the International Society of Arboricultural formula method as described in the "Guide for Plant Appraisal", 8th Edition, 1992. The guide take~ into account the size (diameter at 4.5 feet ~. 55.2"), species (silver maple = 10%), condition (90%) and location (80%) of the trt:e, The location is a composite of the site (~00%) and the placement (50%), The latter is low as the tree was planted approximately 6 feet t’ron~ your home and has a. potential to cause damage to your slab foundation. I understand you have not experienced any problems to date. In my opinion, after inspection of your. maple, the trec should obtain Heritage Trcc slatus based on the very la~e size, excellc.nt condition and good form, Very truly yours, Kenneth D, Meyer Certified Arbnrist ’ KDM:dcr Location- (Site + Contribution ~. Placement)+ ;3 = ~o~9_o % +_~o % + _._~..~o ,,,, =~4o___.%÷ ~Adj=t ~e 7 by Location ffi _%~pr~sed Value (before d~e, If lPP~Ie) = Round ~e 8.to nearest $100 Appraised V=luo (after d~ge, if ~pllc~le) .... 0.For p~ Lo~: ~% of ~X #~ = $ v¢iue of Io~ ¯ RemovaURe~on~tru~tion Co~t, If .~propriate Prepared f or:_._i~3.y__~l: ar~e ~" ¯vats: ~/3o~ . ._Job #:_ Failure Date:_ TOTAL Heritage Tree #5 View of tree looking south, ,toward front of house, View of tree looking southwest, Mary Starner 1872 Edgewood Dr, Pnln iiltn, i~,ll Mary Starnor 1872 Edgewood Dr. Palo Alto, C.A 94303-3015 Attachment ORDINANCE NO. 4362 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHA~TER. 8.10 TO TITLE 8 OF THE PALO ALTO MUNICIPAL CODE REGARDING TREE PRESERVATION AND MANAGEMENT REGULATIONS The Council of the City of Palo 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 forest so well adapted to much of this region, are increasingly threatened after more than a century of development, Preservation and maintenance of the remaining healthy native oaks and other heritage trees will retain their great historic, aesthetic; and environmental value for the benefit of all residents. Preservation of these trees is important for the following reasons: of the City; 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 residents of the City, while recognizing the interests 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. Palo Alto Municipal Code, Chapter 8.10, Overview of Findings Tree Preservation and Management Regulations Chapter 8.10 TREE PRESERVATION AND MANAGEMENT REGULATIONS* Sections: 8.10.010 8.10.020 8.10.030 8.10.040 8.10.0:50 8.10.060 8.10.070 8.10.080 8.10.090 8.10.100 8.10.110 -8.10.1:2.0 8.10.130 8.10.140 Purpose. Definitions.¯ Tree Technical Manual. Disclo’sure of information regarding ekisting trees. Prohibited acts. No limitation of authority under Titles 16 and 18. Care of protected trees; Development conditions. Designation Of heritage trees. Responsibility for enforcement. Enforcement - Remedies for Violation. Fees. Severability. Appeals. Editor’s Note: Pfio~ Ordinance I-Iistoryi Section 2 of Ord. 436.2 Was previously codified herein, and was not specifically repealed by adoption of Ord. 4568.. Revisions to Section 2 and Section 3 of Ord. 4362 were cpdifiedby the adoption of Ord. 4680. 8.10.010 Purpose. The purpose of this chapter is to promote the health, safety, welfare, and quality of life of tho residents of the city through the protection of specified trees located on private property within the city, and the establishment of st.andards 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 § I (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 regulation.~, a structure may be built without a variance, design enhancement exception, or home improvement exception; or (2) Necessary for construction of primary access to structures located on or to be constructed on the parcel, where there exists no feasible means of access which would avoid protected trees. On single-family residential parcels, the ~ortion of the parcel deemed to be the building area under this para~aph (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 anywork upon any property in the city which requires a subdivision, planned community zone, variance, use permit, building permit, d~molidon pen’nit, ot other city 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) "Disereti0nary development approval" metals planned community zone, subdivision, use permit, variance, home improvement exception,, design enhancement exceptiori, or architectural review board approval. (h) "Dfipline area" means the area within X distance from the perimeter of the trunk of the tree at fou.r and one-half feet (fifty-four inches) above natural grade, where X equals a distance ten timesthe 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 t.tee 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-tialf’feet (fifty~four inches) above natural grade; and (2) Any Redwood tree (species Sequoia s’ernperviren~) that is eighteen inches in diameter (fifty-seven inches in eircumfrence) or more when measured four and one-half feet (fifty-four inches) above nattiral 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 foreseeabl~ 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 ~ tree. (1~ "Tree" means any woody plant which has a trunk four inches or more in diameter at four and one-half feet above natural grade level. (m) "Tree report" means a .report prepered by an arbofist ce~fied by the International Society of Arboricultum oranother nationally recognized tree research, care, and preservation organization. (n) "Tree TechnicalManual" means the mgulations issued by the city manager to implement this chapter. (Ord. 4568 § 1 (part), 1999) 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 Manual. The Tree Technical Manual will be made readily available to the public and shall include, but need not be li.mited 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. cit~ pursuant to this chapter; (e) The criteria for determining whether a tree is dangerous within the meaning of this chapter. (Ord. 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 pert’nit 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.0f the application, and describing each such tree, its species, size, dripline area, and location. This requirement shall be mdt by including the information on plans submitted in connection with the application. (b) In addition, the location of all other trees on the site ~nd in the adjacent public right ofway Whidh are within thi.t~y feet ofthe area 15roposed 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 ofsuch 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. (Oral. 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: (~) In the absence of development, protected trees shall not be removed unless deterrained by the director of planning and community environment’i on the basis of a tree report prepared by a certified arbodst for the applicant and other relevant information, that the tree should be. r.emoved 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 farrdly residential lot, other than in connection with a subdivision; (I) Prote6ted 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 arbofist 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, protected trees shall not be removed unless the trunk of the tree is located in the building area, or the director of planning and conu-nunity environment has determined, on the basis Of a tree report prepared by a certified arbofist for the applicant and other r.elevant 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 is.located in the building footprint, or the trunk or basal flare is in the building area,, or because the director Of planning and community environment has determined that the tree is so close to th~ ’ 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 pm’cels, 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 sh.all 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 chapter. (d) In all circumstances other than those described in para~aphs (a), (b) and (e) of this section, protected trees shall not be removed unless one of the follbwing applies: (1) . 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 dfipline area of the removed tree, or an equivalent area on the si.te, shall be preserved from development of any structure unless removal would have been permitted under para~aph (2), and tree replacement in accordance with the standards in the Tree Technical Manual shall be requ.ired. (2) Removal is permitted as part of project approval under Chapter 15.48 of this code,.because retention of the tree .would ~esult in reduction of the otherwise- permissible building area by more thin twenty-five percent. In such a case, the approval shalI 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 limits or modifies theexisting au.thority Of the city under Chapter 16.48 of Title 16 (Arc.hitectural 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. (Ord. 4568 § I (part), 19.99) 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 t~ees during construction eo~tained in the. Tree Technical Manual shall be followed during any development on property containing protected trees. (Ord. 4568 § 1 (part), 1999). ~ 8.10.080 Development conditions. ¯ (a) Discretionary devel6pment approvals for property containing protected irees will include appropriate conditions providing for the protection of such trees during const~ction 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 arty development approval condition concerning preservation, protection, and maintenance of any tree, including but not limited to protected trees. (0rd. 4568 § 1 (part), 1999) 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 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 ~d 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 historical significance. (c) After council approval of a heritage tree designation,, the city clerk shall notify the property owner(s) in writing. A listing of trees so designated, including the specific locations thereof, shall be kept by the departments of public works and planning and cornmunity 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 the prope~:y owner. Request for such action must originate in the same manner as nomination for heritage tree designation. ~ (Ord. 4568 § I (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 law, the following remedies shall be available to the city for violation of lids. 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, demolition, and/or building permit(s) (including Construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been flied 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 .~hall 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 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 a~ a condition of any subsequent permits for development on the subject property. (b)Civil Penalties. (1)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 ~ree 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 [or 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 chapterin 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. (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. 4568 § 1 (part), 1999) 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 arty other provision of this chapter which can be given effect without the invalid provision or application, and to this end the pro~,isions of this chapter are’declared to be severable. (Ord. 4568 § 1 (part), 1999) 8.10.140 Appeals. Any .person seeking the director’s approval to remoye a protected ti’ee pursuant to this Ordinance who is 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 Municipal Code. (Ord. 4568 § 1 (part), 1999) October 1, 2000 City Council of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Dear Council Members: Several items pertaining to the Same subject have been assembled In this package I regret that I am not able to be at the October 23rd council meeting to discuss this issue. Since I will be out of town at that time, I am writing in regard to the heritage tree proposal for the maple tree at 1872 Edgewood Drive. I do not consider this tree worthy of the heritage tree distinction because of its species and qualities thereof. It is a Silver Maple (Aeer saeehadnum) (please see enclosed arbodst letter and leaf), which is a fast- growing, relatively short-lived, and common urban tree. If I am to understand correctly,. the heritage tree distinction is to be awarded to trees that are unique and outstanding specimens. This tree fits neither of those categories. The silver maple is an introduced tree that is hardy but has brittle wood and is liable to lose branches to high winds or neglect in pruning. It is widely planted as a shade tree in suburban developments. According to Woodbridge Metealf in his book, Introduced Trees of Central California, the silver maple "should be planted with caution." Indeed because of its large size and rapid rate of expansion (both in height and in its roots) the silver maple can often overwhelm the area in which it is planted. In the ease of the tree at 1872 Edgewood Drive, the tree has grown so large as to be within a foot of the house’s second- story addition. In his book, Trees of the Northern United States and Canada, when describing the silver maple John Farrar writes, "Drawbacks as a street tree include heavy seed and leaf fall, brittle limbs likely to break...large size, dull autumn colors, and aggressive roots that often dog sewer pipes." In the Sunset Western Garden Book, the silver maple’s description includes the following: "You pay a penalty for the advantage of fast growth: weak wood and narrow crotch angles make this tree break easily. Many rate it the least desirable of maples." Aside from being an undesirable species for a heritage tree designation, this particular specimen at 1872 Edgewood Drive is not outstanding. Because of the eonf’med area in which it grows, it has had to be pruned into a fiat and unnatural shape. Large limbs have been removed and because of its strueture it is possible it could split down the center trunk. It is currently competing with at least four redwood trees in.the adjoining yards and it is within 30 feet of a large London planetree. Assuming it was planted at the time the house was built, and judging from its size, the tree is approximately 50 years old and has already lived half its life expectancy. I am in support of protecting outstanding examples of oak and redwood trees throughout our city as heritage trees. I appreciate the fondness my neighbor Mary has for this maple tree. However, I do not think that this silver maple is worthy of the same type of protection that other indigenous and threatened trees deserve. The silver maple, as do ~many trees in Palo Alto, functions well as a shade tree. Let us leave it at that, and not dilute, the importance of the heritage tree distinction by bestowing it on trees such as this one. Thank your for your consideration of this matter. Sincerely, Jane M. 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