Commission approves tree‑protection exception for pool at 88 Linda Vista after unauthorized excavation; quarterly monitoring required

The Atherton Planning Commission approved a tree protection zone exception for a pool at 88 Linda Vista Avenue, adding conditions requiring quarterly arborist reports for five years and a financial penalty if the protected trees decline.

Town Planner Britney Bennetts introduced the item as a request to allow a pool installation within protected root zones of three coast redwood trees. Bennetts told the commission that the pool excavation pit had already been dug without a permit and that the town arborist initially recommended denial but staff recommended approval, citing the risk of additional harm if the pit were filled and re‑excavated.

“However, I am recommending approval given some feedback from the town arborist relative to the potential damage that may further harm the tree to fill in the pit that has already been constructed and then dig another alternative location,” Bennetts said.

Dustin Moore, the project landscape architect, apologized to the commission: “I want to apologize for proceeding without a permit. It was an honest mistake,” he said, and described a misunderstanding of the permit routing between the planning department and the commission.

Town Arborist Sally told the commission she could not recommend approval on the grounds of the permit violation and root/soil compaction concerns, and warned that tree stress from root disturbance may not appear for one to three years. “I can't recommend approval,” she said on the record, adding that refilling and re‑excavating could cause further compaction and harm.

Despite those concerns, the commission approved the exception with conditions. The motion cited CEQA categorical exemptions and included a requirement for quarterly arborist reports over five years and, if tree health declines at the end of five years, payment by the applicant of twice the replacement fee assigned to the tree. During discussion commissioners also discussed possible enforcement steps and contractor penalties for noncompliance; staff said missing reports would be handled by code enforcement.

Vote: The roll call produced 4 votes in favor and 1 opposed: Commissioner Bridal — yes; Commissioner Sandy Levinson — yes; Commissioner Paul Tonelli — yes (stated as “grudgingly”); Vice Chair Bob Pulido — yes; Chair Cherilyn Lane — no. The motion passed.

Why it matters: The approval regularizes work that proceeded without a permit and attempts to limit additional harm to protected trees through monitoring and financial assurance. The item sparked stronger-than-normal public and commissioner concern because the excavation occurred before formal approval and without town oversight, and commissioners debated stronger contractor penalties going forward.

Next steps: Staff will track the required quarterly arborist reports; failure to file them will trigger code enforcement. If the trees decline within five years, the commission’s approved condition requires the applicant to pay double the standard replacement fee.