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HomeMy WebLinkAbout0370.000L.· .. · •..... ·."'· .. '.'" ,~c I ., ' I . ~: r - ~. --"-. June 21. 1990 HONORABLE C[Tl COUNCIL Pal~ Alto, (aliforail REMO~AL ot :TREES [N THE PUBLIC ~IGHT-OF-WAY.l.l . .l28LA!NE.COURT ~mbers of t~e Counc'l: At the meeting of June 4, 1990, in conjunction with the approval of 3 tentative map to subdi~ids: iI .59-acre parcel into six air-space condornil'llurD units for property located at 728 tayne !ourt, the Counc~l directed staff to report as tD ~~et~er or not the removal of trees wit~in the pubT]c ri9ht-of-~i1 was illegal actiyity and, if so, to determine whether fines shoaTd be imposed. BacKground On Ju1} 20, 1989, the Archltectural Review Board {ARB] reviewed and approved t~e final des'gn plans for a s;,-unit ~ultiple-familJ project at the subject address~ One c~ndition of the approval was that tne remo~31 of any of the trees on the sitt would be subject to staff appro~al. Staff understood this condition to include He trees located at the fr{)nt of the property;' the public right-of-way. , , ARB staff, including the City ArbIJrist, rr·et .. itT:! the applicant on fehf'uar.J 18. 1990 and discussed which trees were to ~e retained and ~hlch were to be removed i~ implementing the prOjEct. All parties agreed ~erbally that the three ~onterey pines and one five-inch diameter magnclia should be removed and ~ew street trees {oaKs} should be installed along the entire frontage. Tbis discwssion was not documented in the public file~ but the implementation of the plan was subsequently submitted to He ARB for fil'1al rar.ds.<:ajle ipprovaL The applic~~t is current11 ~orking with staff on minor re~isions to the hnds.cape plan before it is submitted to ARB for fInal review~ On Play 4, 1990, the staff rr-port for the Planning: {;ommisSlon ",as pf'epared, whic~ included a standard condition that the trees in the public right-of-way be retained un1ess per~iss~Dn to remove was granted b~ the Department of Publfc W'Jrks. Bet\trleen U1ot! time (If the staff T€port pr~pan.tiun and the public hearing of the Planning Commission, the tree~ were remo~ed without benefit ~f proper penli t. Olil:l70:0 f i \ \ . t • ; , • . , \ \. .- . ' -.:1', H' .' ....... ~ ... ' .... '.~ .... ".......... . -',,~ ~';:---' .-, ." .~'~o'~~~.-_ . :,-' ,.: ' , . . I •• 1 -t, ,'. o o While t~e r~mcvll ~f the trees was not acco~plished ~ith bene!it of proper permit. i.e., the applfcant ·jumped the gun~· it lS clear from conversations with the stiff members involved that the permits were i~tended to be granted f~r their remoJll and t~at v~rbal agreements ~ad been reached regarding their r~plicement. Plans ~ocumenting the proposal ~ad bee~ submitted to the ARB. but have yet to appear on their agenda for approval. According to the (it, Attorney, the removal of trees within the right-cf-_ay ~ithout proper permit is a ~isdemeanor, pun1shab1~ by a maximum fine of Sl,OOO.OO or a jail sentence. Staff (~~cl~sioq Tecnnfcal11, the applicant needed a permit to remove the trees. However~ the applicant ~ay ~ave ~isunderstood the requirement for a permit. and i~terpreted the february ~eeting as an approval to remove tne trees without the need to acquif! a p!rmlt. Therefore, staff does not helfeve that the Cfty s~ould pursue code enforcement in this i~stance. Jt is staff's concl~5fon tnat the large replacement trees ~hfch the Planning Commission has r~commen~ed and the applicant is proposing to install upo~ project completion are in the City's best llllt!rest. Staff concurs ,';t" CouncO Plember Fazzlrlo's cOlMlents cautioning t"-e lise of verbal approval s. Staff is currentl), reviewing ~rocedures fOf" document in; verbal agrfements reac~ed durfng pre·application ID€etings so that t~is problem ~ll not rec~r. Tne ffnal ARB ~an~out. now im draft form. will also contai~ a section describing the need far permits to r~mDve tr~es in the public ~tght·Qf-way_ The reaffinnatton of (oune,l policy regarding the importance of tree preservation will be cOT!IruJnfcated ia Ue IJpcOiTI1r,g sfngle-fartil, and ARB design lIanuah. RespectfwllJ submitte~, /t<fW'1 f~~ • ftANC~ MADOOX llilE Zonlng Admi~istritor 1t~'f'~ti;P J::..ltukr; KENNETK R, SCHREIBER ~ ".'-, - Director ~f Planning and J~~ Assistant t1t~ Manager (ommunity £~wfronment cc: Plannfng Commission Frank Mirkhani, 1113 N. Lemon Avenue. Menlo Park. CA 94025 CMR:)70:0 tree/.J 6/21/90 -2-