Planning commission approves removal of five heritage coast live oaks at 170 Atherton Avenue

3124379 · April 25, 2025

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Summary

The Planning Commission approved a heritage tree removal permit for five coast live oaks at 170 Atherton Avenue after a split staff recommendation and discussion about relocation, monitoring and replacement requirements.

The Atherton Planning Commission voted 4-0 on April 23 to approve a heritage tree removal permit for five coast live oaks at 170 Atherton Avenue (permit HTR24-002), after hearing staff recommendations, arborist findings and applicant testimony.

Town staff explained the application covers a roughly 3.99-acre site created by a 2024 lot split. The site contains numerous coast live oaks; staff said the owner has worked to rehabilitate trees after historic overwatering on the property. The removal request covered several heritage trees that town staff and the town arborist agreed were either within the proposed building footprint or in poor health; staff recommended approval for those removals but had urged denial of one particular tree identified in the record as Tree 3 because the town arborist judged its health improved and recommended preservation or relocation be avoided unless proven safe.

Applicant representatives said the proposed location of a workshop and secondary driveway responds to the owner’s program and that some alternative driveway alignments would either conflict with the main house or create difficult vehicle turning radii. Architect Henry Zhao said the workshop location was chosen for programmatic reasons and to form an approach to the house and that the project team had discussed alternative alignments with staff.

Commissioners discussed the health of Tree 3, the applicant’s prior work to improve tree condition (irrigation changes, trenching and other treatment), and the town arborist’s site visits. Commissioners expressed caution about imposing a heavy penalty tied to a tree’s appraised value if a relocated tree later dies; several commissioners supported allowing relocation or removal with a requirement that the applicant replace a tree in the event a relocated tree fails.

A motion to approve the heritage tree removal permit HTR24-002 for removal of the five coast live oaks listed in the application passed on a 4-0 vote; Chair Lane and Commissioners Lugers, Levison and Tenali voted yes, Commissioner Pulido was absent. The motion authorizes removal as set forth in the application; staff will proceed with permit processing and noted standard replacement and landscape-screening requirements apply. The commission discussed, but did not adopt, a double-appraised-value fine for failure of relocated trees; commissioners instead emphasized requiring replacement plantings and standard monitoring to document tree health.