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11 Desk Item - 10 Monroe CourtMEETING DATE: 01105104 wM of ITEM NO. DESK ITEM I , COUNCIL AGENDA REPORT !ps GASES DATE: January 5, 2004 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: 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 NEGATIVE DECLARATION IS RECOMMENDED. PLANNED DEVELOPMENT APPLICATION PD-01-2 NEGATIVE DECLARATION ND-01-14 PROPERTY LOCATION: 10 MONROE COURT PROPERTY OWNER: DAVID H. PITZEN APPLICANT: DHP MONROE INVESTORS LLC REMARKS: 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 neighbof recently hired an arborist.who 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 standards 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. LO Z, DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: Assistant Town Manager Attorney Clerk Finance Community Development Revised: 1/5/04 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 on and off site, will be protected as required by the Town's new Tree Ordinance. The neighbor's arborist is correct that the Italian Stone Pine is not shown on the plans. However, a final landscaping plan is required during the Architecture and Site approval process, and this tree will be required 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 review her tree concern as discussed above. In addition, her letter mentions that a 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 questioned 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), received January 5, 2004. Abborist report not attached since it is included in Attachment 11. N:\DEV\CNCLRPTS\ 10monroe.dsk 1. wpd -RCM TREE HEALTH PROFESSIONALS, INC PHONE t,C. 488+871+0284 Tree Health Professionals, Inc. Dec. 31 2023 ee : 33AM p l FAX COVER SHEET To: Town Clerk Date: 12/31/03 Town of Los Gatos 7 Total Number (*Pages: (Including Cover Sheet) From. Gil Mitchell Fax 408 871-0284 Phone#: 408-929-3040 MESSAGE: Ms..Anne Lamborn, who resides at 7 Monroe Court, asked that I provide you with the following report. Best regards, GGG Gil Mitchell 237 E. Hamilton Avt- Suites 201 CompLvlI. L•~Y.~t}i?tf i~l Kl y2~ :,tl}t) 1".Ix Attachment 11 F ROM TREE HEALTH PRCFESS I SNALS , I NC PHCF E NO. 408+971+0284 Dec. 31 2003 0e: 33W P2 Tree Health Professionals, Inc. EVALUATION & PRESERVATION OF ONE ITALIAN STONE PINE TREE C~ 7 MONROE COURT LOS GATOS, CALIFORNIA Prepared at the request of. Ms. Anac Lamborn 7 Monroe Court Los Gatos, California 95032 Site visit by: Gil lt cchell Registered Consulting Arborist ISA Certified Arborist December 29, 2003 Dcoomber 30, 2003 i.=i`A_ :37 E. Hamilton 3ve., Suite _02 Ca npl:+ell, C:A 95(108 (40S)929-3040 • Fax (:CR) ,A71-0234 FROM : TREE H64LTH PROFESSIONALS, INC PHONE NO. : 488+871+0284 Dec. 31 2003 08:349M P3 EV ALUATt N PRESERV ATION OF ONE. rr kLIAN STONE PME cZ 7 MONROE COURT, LOS GATOS, CALIFORNIA December 30, 2003 Page 2 of 3 Assignment To evaluate the health and structure of one Italian stone pine (Pinus pines) tree, that is located on Ms. Lamborn'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 growth pattern. No written suggestions or recommendations have been found 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. L.amborn'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). Is ' uggest that the pine tree receive the same considerations for preservation as are found in the Recommended Negative Declaration (endorsed July 10, 2002) for 10 Monroe Court Speck Observations The pine tree has a trunk diameter of 52.75 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 it's natural growth characteristics. The pine tree has been well maintained with regular pruning. Various trees located around 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 1S feet above the pavements Tree Protection Recommendations Specifications for preservation are suggested 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~M:12-20:PD with particular attention to Section V, items 60, 61, 62, 63, 64, 66, and 67. 1. Regarding item 62c: The distance would be 30.75 feet from the trunk. FRC`t : TREE HEALTH PROFESSIONALS, INC PONE NO. : 488+871+0284 Dec. 31 25383 Oe:35AM P4 EVALUATtONi & PRFSFRVATION OF ONE ITALIAN STONE PINE 7,%10NROE COURT. LAS GATOS. CALIFORNIA December 30.2003 Page 3 of 3 C. Install the protection fence at the edge of the pavement before any equipment or materials arrivcs 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 pavement. Do not excavate below the existing soil grade within a radius of 30.75 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 10 Monroe Court. Following the mitigation measures that have been approved for 10 Monroe Coum along with items A-E in this report will reduce the impact of developing the property. Respectfully submitted by, Gil Mitchell, RCA LSA Certified Arborist enclosures: City of Palo Alto Tree Technical Manual (two pages) Statement of Limiting Conditions FROM : TREE HEr.'LTH PROF=SSICNPLE, INC ::'HONE ,10. : 408+871+02S4 Dec. 31 2003 ae:354, P5 -ee Wg . . •4 r ALTO l' R 76 -Standards & Specifications Valo Alto Munici al Code, Chap kr e .~f r i 6 V • r 11 ~ ~ 1 ~ ti ~ A June. 2001 First Edition ' Department of Planning an4 Community Environment y FROM TREE HEALTH PROFESSIONALS, INC PH- E NO. : 408+971+02S4 Dec. 31 2903 08:35AM Ps noise: 23. Rgrommended -Ear= means an action, treatment, technique or proce- dure that may be implemented for superior care or preservation of trees. Recommended practices may be required under specific conditions of approval for discretionary development projects or njury mitigation. 24. Rj&g„uu ed Tree means any Protected Tree, Street Tres or Des+gnatea Tree. PAMC 8,10.020 25. RemQv means any of the following: .AJ ► Complete tree removal such as cutting to the ground or extraction of the tree. ► Taking any action foreseeably leading to. the death of a tree 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. ReauiE ld Practice means a mandatory action. treatment, technique or standard of care required to be implemented by the property owner, developer, contractor or designee for the preservation of trees 27. Root Buffer means a temporary layer of material to protect the sail 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 of 314-inch quarry gravel to stabilize 3/4-inch plywood on top. (see Buffers, Section 2. ? 5.5 8). 28. Site Plan means a set of drawings (e.g. preliminary drawings, site plan, grading, demolition, building, utilities, landscape, rrngabon, tree survey, etc.) that show existing site conditions and proposed landscape im- provements. including trees to be removed. relocated or to be retained. Site plans shall 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 30-feet of ,he project site. ► Paving, concrete, trenching or grade change located within the tree protection zone. ► Existing and proposed utility pathways. ► Surface and subsurface 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, including all lines, valves, etc. ► Location of other landscaping and significant features- ii, All of the final approved site plan sheets shall reference tree protection instructions (see also Site Plan, Section 6.35). Section 1.00 Dafinlikro t d City of Palo Alto Tree TecM;gi Manual 4 Y c 3 z F Y -ROM : TREE HEALTH PROFESSIONALS, INC PHONE NO. : 408+871+0284 Dec.. 31 2063 08:37AM p7 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 Society of Arboricultura. Due to the variability and unpredictability of plant materials, hidden defects, soils, `climate, -+orkmanship and various 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 Gil- Mitchell 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 long term health and longevity. This is not 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 construction often decline, fail or die. Because there maybe 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. Ax 137 E. Huriltnn Ave., Suite 201 • Campo-ell, CA 95008 • (408) 929-3040 • Fax (4,08) 371-0234 FRal TREE HEALTH PROFESSIGNPILS, INC PHA No. : 408+e71+9284 Tree Health Professionals, Inc. FAX COVER SHEET Jan. 92 2004 09:S9AM P1 TO: Town Clerk Date: 1/2/04 Town of Los Gatos Total Number of Pages: 2 (including Cover Sheet) From: Gil Mitchell Fax ,408 871-0284 P hone#: 408-929-3040 .MESSAGE: Ms. Anne Lamborn, who resides at 7 Monroe Court, asked that I provide you with the following letter_ Best regards 1 Gil Mitchell s 137 i;. Hamilton nvc, 5uitC 20l • C1fripU0l,CA 95(X18 0 (408)929-3040 • rax (4(),ti) %P1-(1294 FROM : TREE HEALTH PROFESS rONALS. 1NC PHONE NO. : 488+971+0284 Tree Health Professionals, Inc. January 2. 2004 Ms. Anne Lamborn 7 Monroe Ct Los Gatos, CA 95032 Re: Addendum to the evaluation and preservation of one Italian stone pine .Tan. 02 2004 10:00AM P2 Dear Ms. Lamborn, On December 30, 20031 provided you with an arborist report that evaluated and gave tree protection recommendations for your Italians stone pine (Pinus pines) tree. It has come to my attention that I did not address any circumstances that would require the pruning of your pine tree. The lowest branch of the pine tree is approximately 18 feet above the pavement. I would not cxpect.that the tree would be pruned given that this branch is so high off of the pavement and shouldn't get in the way of any equipment. However, I do recommend that the developer of 10 Monroe Court consult with a qualified arbotist that is hired by you if pruning is to be done to your pine tree. Respectfully submitted by, Gil Mitchell, RCA ISA Certified Arborist cc by fax: Clerk. Town of Los Gatos 137 E. Hamilton Ave.. Suite 201 • Campbell, CA 95008 • (408) 929-3040 • Fax (408) 871-0284 ANNE LAMBORN 7 MONROE COURT LOS GATOS, CA 95032 annelam born(Dcomcast.net 408-354-8493 December 31, 2003 Town Council Members Town of Los Gatos Los Gatos, CA 95032 ~It1%, U 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). 1 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 Attachment 12