11 Desk Item - 10 Monroe CourtDATE:
TO:
FROM:
SUBJECT:
REMARKS:
MEETING DATE:01/05/04
ITEM NO./I
DESK ITEM
COUNCIL AGENDA REPORT
January 5,2004
MAYORANDTOWNCOUNCIL J(
DEBRA J.RGONE,TOWN MANAGER .CV~
CONSIDER A REQUEST FOR APPROVAL OF A PLANNED
DEVELOPMENT TO CHANGE THE ZONE FROM RM:12-20 TO RM:12-
20:PD TO CONSTRUCT THREE DWELLING UNITS.NO SIGNIFICANT
ENVIRONMENTAL IMPACTS HAVE BEEN IDENTIFIED AS A RESULT
OF THIS PROJECT AND A NEGATNE DECLARATION IS
RECOMMENDED.PLANNED DEVELOPMENT APPLICATION PD-O 1:.2
NEGATNE DECLARATION ND-01-14 PROPERTY LOCATION:10
MONROE COURT PROPERTY OWNER:DAVID H.PITZEN
APPLICANT:DHP MONROE INVESTORS LLC
Attached are comments from an arborist hired by an adjacent neighbor concerning an Italian Stone
Pine tree located on the neighbor's property (Attachment 11).This,neighbor has been aware of this
project since 1999 and did not raise any major concerns about this tree until December 2003.In
November 2003,the neighbor's only issue with the tree was that heavy equipment stay out of the
,tree's dripline.This concern was mitigated by performance standard #62 of the draft Planned
Development Ordinance.
The neighbor recently hired an arboris!w.ho recommends that certain performance standards for the
subject project be revised to include the protection of this tree and that the tree protection standards
used by the City of Palo Alto be enforced and exceeded in certain circumstances.The Town has its
own tree protection ~tandards and the Palo Alto standards were reviewed as part of the process of
developing the Town's standards.Staff is of the opinion that the Town's tree protection standards
provide sufficient measure to protect the Italian.Stone Pine.Following is a response to
recommendations by the neighbor's arborist.
(Continued on page 2)
PREPARED BY:
-~~~
BUD N.LOItTZ~
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by:Assistant Town Manager __Attorney __Clerk Finance
=:Z:::Community Development ,Revised:l/5/04 5:24 pm
Reformatted:5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT:10 MONROE CT
January 5,2004
•Performance Standard #60,requires that all trees on site must remain.The neighbor's arborist
has recommended that the Italian Stone Pine also be required to be saved.The applicant has no
authority to remove off-site trees.Therefore,no change to this condition is required.
•The neighbor's arborist has recommended that the Italian Stone Pine be specifically addressed
in Performance Standards #61 through 64,66 and 67.These standards deal with tree and root
protection measures.The Town's consulting arborist will be retained to ensure that the tree
protection fencing and other required measures are implemented prior to construction.All trees
··onand off site,will be protected as required by the Town's new Tree Ordinance.The neighbor's
arbotist is correct that the It.a.Iian Stone Pine is not shown on the plans.However,a final
landscaping plCil1 is reguiredciutiIlg the Architecture and Site approval process,and this tree will
be r~quired to be shown at that time.If additional mitigation measures are required to protect
the tree.they will be included as conditions of approval for the Architecture and Site application.
If Town Council determines that an additional performance standard be required to protect this
tree,the following language is recommended to be incorporated in Performance Standard #58
of the Planned Development Ordinance (Attachment 3).The new language is in italics.
FINAL LANDSCAPE PLAN.A final riparian planting plan shall be submitted during the
Subdivision Application process.A final landscape plan shall be submitted during the
Architecture and Site approval process for each lot.The plan shall include the Italian Stone Pine
Tree on the adjacent parcel at 7 Monroe Court.Additional protection measures may be
required to reduce impacts to this tree..
The neighbor has also submitted a separate letter (Attachment 12)which requests Council to r~view
.her tree concern as discussed above.ill addition,her letter mentions that il Heritage Oak tree is
proposed for removal.It is unclear which Oak tree is being referenced.The largest Oak tree on the
site will remain,and specific measures have been required to reduce impacts to this tree.
the neighbor has again quest~oned the status of her access easement which has been addressed in
numerous reports to the Planning Commission and Town Council.
Attachments:
1-10:Previously Submitted
11.Two faxes from Gil Mitchel (nine pages),received January 2,2004.
12.Letter from Ann Lamborn (one page),recei ved January 5,2004.Arborist report not attached
since it is included in Attachment 11.
N:\DEv\CNCLRPTS\IOmonroe.dsk 1.wpd
FROM TREE HEALTH PROFESS ICNALS ,INC PHONE NO.408+871+0284
Tree Health
Professionals,Inc.
FAX COVER SHEET
Dec.31 2'3a3 ~:33l=N Pi
Town Clerk 12/31/03To:------------Town of Los Gatos
From:Gil Mitchell
Fax #:408 871-0284
Phone#:408-929-3040
.MESSAGE:
Date:------
7
TotaJ Number ai Pages:_
(1n<:luding Caver Sheet)
Ms.Anne Lamborn,who resides at 7 Monroe Court,asked that I
provide you with th~following report.
Best regards,
,
#.dIP
Gil Mitchell
Attachment 11
FROM :TREE HEALTH PROFESSIONALS,INC PHONE NO.408+8 7 1+0284
\,
tI5 Tree Health
fJr'Professionals,.Inc.
Dt!e.31 2003 as:~P2
EVALUATION &PRESERVATION OF ONE ITALIAN STONE PINE TREE
@ 7 MONROE COURT
LOS GATOS,CALIFORNIA
Prepared at the request of:
Ms.Anne Lamborn
7 Monroe Court
Los Gatos,California 95032
Site visit by:
Gil Mitchell
Registered Consulting Arborist
ISA Certified Arborist
December 29.2003
December 30,2003
'.
137 E.l:i~miltonAvi?.,Suite 201 •C:unpbdL CA 9;<J08 •(40&)929-3040 •Fax (40~)1'!71-02S4
FROM:TREE HEALTH PROFESSIONALS.INC PHONE NO.408+871~84
'.
EV ALUATION &.PRESERV ATlON OF ONF.IT ALlAN STONE PINE
@ 7 MONROE COURT.l.OS GATOS.CALIFORNIA
December ~.2003
Page '2 of 3
Dee.31 2003 08:34I=M P3
Assignment
To evaluate the health and structure of one Italian stone pine (Pinus pinea)tree.that is located on
Ms.Lamoom's property and 16 feet away from the pavement that is a common street,and to
suggest preservation specifications to be followed by the developer of the adjacent property.
The tree was not climbed and the evaluation was done from the ground.
Summary
The tree appears to be in very good health and has a structure that is consistent with it's natural
growthpattem.-.
No written suggestions or recommendations have beenfound that allow for protecting this tree
during the development of the adjacent Property,which is known as 10 Monroe Court or Monroe
Cottages....
The Italian stone pine tree (pine tree)will need to be protected during the development of the
adjacent property.
General Comments
I have reviewed the VESTING TENTATIVE MAP,the SITE PLAN.the GRADING AND
DRAINAGE PLAN,the TOPOGRAPHIC SURVEY,and the AREA MAP,all of which were
drawn by Giuliani &Kull.Inc.(various dates).None of these drawings shows the location or
drip line of Ms.Lamborn's pine tree.
I have reviewed various documents provided by Ms.Lamborn,including the Town of Los Gatos
Environmental Impact Review Recommended Negative Declaration.and none of the documents
addresses the pine tree.
City of Palo Alto Tree Protection
The City of Palo Alto has defined criteria for protecting trees located on contiguous properties (see
enclosure).
I suggest that the pine tree receive the same considerations for preservation as arc found in the
Recommended Negative Declaration (endorsed July 10,2002)for 10 Monroe Court
Specific Observations
The pine tree has a trunk diameter of 52.7S inches measured at 12 inches above ground and just
below the primary crotch or the tree.The health of the tree is very good and the structure of the
tree is average for it1s natural ifOwth characteristics.
The pine tree has been well maintained with regular pruning.Various trees located arOWld the pine
tree act to buffer the tree from high winds.
The pavement for the street is located 16 feet from the edge of the trunk of the pine tree.
The lowest branch of the pine tree that grows over the pavement is approximately 18 feet above the
pavement
Tree Protection Recommendations
Specifications for preservation are suegested in order to maintain the long term health of the pine
tree:
A.Have the tree plotted and the drip line of the tree drawn on all plans that are provided to the
developer of 10 Monroe Court.
B.Provide mitigation measures that are consistent to the zone ordinance of R.1\1:12-20:PD with
particular attention to Section V.items 60.61.62, 63, 64.66,and 67.
1.Regarding item 62e:The distance would be 30.75 feet from the trUnk.
FROM TREE HEALTH PROFESSIONALS,INC PHONE NO.408+871+0284 Dee.31 2003 013:3S=N P4
E'VALUA.110N &PRF.SFRVATIONOPONE ITALIAN STONE PINE
~7 MONROE COURT.LOS GATOS.CAUFORNTA
December 30.2003
Pale 3 of 3
C.Install the protection fence at the edge of the pavement before any equipment or materials
arrives on-site.Fences shall be five feet tall,portable chain link fencing panels with 2-inch
galvanized posts driven at least 18 inches into the ground to retain the panels in place.
D.Do not remove the existing pavement until the end of the project when the new street is to be
built
E.Build the new street on the existing soil grade.which is below the existing pavemenL Do not
excav.ate below the existing soil grade within a radius .of 30.7S feet from the trunk of the pine
tree.
Conclusion
The health of Ms.Lamborn's pine tree could be remarkably diminished over the long term by the
development of ]0 Monroe Court.
Following the mitigation measures that have been approved for 10 Monroe Coun.along with items
A-E in this report will reduce the impact of deve10pini the property.
Respectfully submitted by,
~~ffJ
Gil Mitchell,RCA
ISA Certified Arborist
enclosures:City oiPalo Alto Tree Technical Manual (two pages)
Statement of Umiting Conditions
...
....
/I....~:.../
'"\
....
u
~ec.31 2003 as:~P'5
.......
,
•Standards &Specifications ~...
---al Code,Chapter
...
:-""'........:.-..'.~.
•·,.......IIAI
...
.........
.'
..........
....
'"',-...1'"..
...:"\
•,.....,,.-..r_.~..,r ~.
~........~
..
June.2001 First Edition -•'
Department of Planrflng and Community Environment
,Ii.-1It'._,<'•..
TREE H8=L TH PRCFESS I ONALS.I ~~NO.408+871;-0284 Dec.31 2003 88:~PO
24.
25
23.
2.7.Root auffer means a temporary layer of malenal 10 protect the sOli
texture and roots.The buffer shall consIst of a base course of.tree chips
spread over the root area to a minimum of 6-inch depth,capped by a
base course 01 3/4-inch quarry gravel to sti3bilize 3/4-inch plywood on
top.(.s~Buffers.Section 2.15.5 B).
28.Site Plan means a set of drawings (e.g.prehminary drawings.site plan,
grading.demolition.building,utilities.landscape.rrngatlon.tree survey.
etc.)that show existing site conditions and proposed landscape im-
.provements.including trees to b.removed.relocated or to be retained.
Site pl/Jns ~hall include the following minimum information that may
impact trees:
~Surveyed tree lOcation.species.size.dripline area (including
trees located on neighboring property that overhang the project
site)'and street trees within 3D-feet of the project site.
•Paving,concrete.trenching or grade change located within the
tr&e protection zo"•.
•EXisting and proposed utility pathways.
•Surface and subsuriac8 drainage and aeration
systems to be used.
~Walls.tree wells,retaining walls and grade change barriers.both
temporary and permanent.
•Landscaping.irrigation and lighting within dripline of trees.
includf~g all lines,valves.etc.
•Location of other landscaping and significant features.
~All of the final approved site plan sheets shall referen~tree
protection instructions (see also Site Plan,Section 6.35).
~~9mmended P-actlce means an actIon.treatment.technique or proce-
dure that may be implemented for superior care or preservation of trees.
Recommended practices may be require<:!under specific conditions of
approval for discretIonary dfNe/opme'}t projects or injury mitigation.
~..!.ated Tree means any Protected Tree.Street Tree or Design3ted Tree.
E&!D2.vAl means any of the following:
•Complete tree r-.moval such as cutting to the ground or extraction
of the .tree .
•Taking any action foreseeably leading to the death of a tr"or per-
manent damage to its health or structural integrity.including but not
limited to excessive pruning.cutting.girdling.pOIsoning.over wa-
tering.unauthorized relocation or transportation of a tree.or
trenching.excavation.altering the grade.or paving within the
dnpline of the tree.
26.Reauirjd Practice means a mandatory action.treatment.technique or
standard of care requir.cl to be impiem&nled by the property owner.
devwloper.'contractor or designee for the preservation of trees
not":
?AMC 8.10.020
$.e1lon 1.00 DQfinltJons City of Palo Alto Tree TecMical Manual
rlROM TREE HEALTH PROFESSIONALS,INC PHONE NO.408+871+0284 De e..31 2333 8l3::rn:,.,P7
I
-'":)01
--tI5 Tree Health
....Professionals,Inc.
Statement of Limiting Conditions
Please note:Recommendations given by Gil Mitchell of Tree Health Professionals,Inc.are·
based upon research and recommendations from the agriculture and horticulture departments of
major universities in the United States,primarily the University of California,and also from"
the International SociEity of Arboricultur~,Due to the variabHlty and unpredictability of plant
materials,hidden defects,soils,climate,·"orkmanshlpandvartous other factors,Gil Mitchell
of Tree Health Professionals,Inc.can ma ',no warranty,expressed or implied,regarding any
recommendations given.The owner or person(s)responsible for implementing any
recommendations given by Gil Mitchell .of Tree,Health Professionals,Inc.assume(s)all risks
involved,and agree(s)to indemnify GiI'Mltchell of Tree Health Professionals,Inc.and hold
Gil Mitchell of Tree Health Professionals,Inc.harmless from any loss,cost of damage,including
but not limited to attorney fees and defense,costs of claims by the undersigned.or by third
parties.
Regarding trees:The measures noted within this report are designed to assist In the
protection and preservation of the trees mentioned in this report and to help in their short and
longtenn health.and lo~vjty.This Is n()~however,a gUarantee that any of these trees may not
suddenly or eventually decline,fail,or die,for whatever reason.Because a significant portion
of the roots are far beyond the dripline of the tree~even trees that are well protected during
constru~ori often decline,fail or die.Because there may be hidden defects within the root
system,trunk or branches of trees,it is possible that trees wit'no obvious defects can be
subject to failure without warning.
137 E.Ha.roiltnn Ave"Suite 201 •Can'F~ll,CA 95008 •(408)929-3040 •r"x (-WI:\)B71-0234
FRcr1 :TREE J-i8:LTH PRCFESS I 0NAl.S.INC PI-DE NO.433+871 +e284 .Jan.e2 2aa4 B9:~P1
.,Tree Health~Professionals,Inc.~
FAX COVER SHEET
To:Town Clerk
Town otLos Gatos
From:Gil Mitchell·
Fax *=408 971=0284
Phone*:408-929·3040·
.MESSAGE:
Date:1/2/04
Total Number of Pages:2-
(InclU<ling Cover Shftt)
Ms.Anne Lamborn,yho resides ai:7 Monroe Couri;,asked that I
provide you with the folloying lei:ter.
Gil Mitchell
J~~c}..==1:)7 E.Hilmilton /\v~.,Suite 201 •Campbell,CA 95008 •BOX),-)2~·.1(~1J -l'"x (40.';)~71-U~4
FROM :TREE Hs:LTH PROFESSIONALS.INC ~NO.400+871+e284
tI5 'Tree Health
""Professionals,Inc.
.January 2.2004
Ms.Anne Lamborn
7 Monroe Ct.
Los Gatosy CA 95032
Re:Addendum to the evaluation and preservation of one,ltaiiall stone pine
Jan.02 2004 113:~P2
Dear Ms.Lamborn.
On December 30.2003 1 provided you with an arborist report that eValuated and gave tree
proteetiOR recommendations for your Italian stone pine (Pinus pinea)tree.
It bas come to my attention that I did not address any circumstances that would require the pnming
0f your pine tree.
The lowest branch of the pine tree is approxima~ly 18 feet above the pavement 1 wQUld not
cxpeet.that the tree would be pruned given that this bmnch is so high off of the pavement and
s&ouldn't get in the way of any equipment.,
However.I do recommend that the developer of 10 Monroe Court consult with a qualified arborist
that is hired by you if pruning is to be done to your pine tree.
Respectfully submitted by,
ft~
Gil MitcheU.RCA
ISACerti.fiedArborist
cc by fax:Oel'k.Town of Los Gatos
A~---aI1
B7 €,Hamilton /\ve.•Suite 201 •Campbell,CA 95008 •(408)929-3040 •r:l.X (408)871~
ANNELAM80RN
7 MONROE COURT
LOS GATOS,CA 95032
annelamborn@comcast.net
408-354-8493
December 31,2003
Town Council Members
Town of Los Gatos
Los Gatos,CA 95032
RE:Ten Monroe Court Hearing (January 5,2004)and Anne Lamborn's Stone Pine
and Parcel Three
Dear Town Council Members:
Enclosed is a report from Certified Arborist Gil Mitchell.The report was prepared
on my behalf to address my Italian stone pine in relation to Pacific Diversified's .
.proposed development.I have mailed the original report to Bud Lortz,Director of
Planning.
The developer has never once addressed the issue of my heritage stone pine.It
is not noted anywhere on the plans.
I would like you to address the issue of the well-being of my tree in your approval
of the developer's planned development proposal.
Furthermore,neither the developer nor the Town have ever addressed my access
parcel number three,which was recorded in 1923 on my deed.
If you visit the property,you will notice my enormous stone pine,my access
parcel,and the developer's heritage oak (which is scheduled for removal).
I have mentioned these issues many times in writing and they have always been
ignored.
I will not be attending the meeting because I will be in New Zealand from Jan.1
until Mar.30,2004.Kathy Kelley will be reading arborist report at the January 5,
2003 hearing regarding Ten Monroe Court..
Sincerely,
Anne Lamborn
cc:Bud Lortz,Director of Planning
-:::::----~.0.17
::::..../\\.,,I"
.-'
Attachment 12