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-