HomeMy WebLinkAbout09/30/2021 cc - Hanlon (Unpermitted tree removals at 150 Chorro)1
From:jhanlon <
Sent:Thursday, September 30, 2021 3:04 PM
To:Advisory Bodies; Whipple, Anthony
Subject:Tree Committee - 150 Chorro
Attachments:150 Chorro Removal.pdf
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Dear Mr. Whipple and Tree Committee,
in November 2019 I submitted a letter (attached) regarding the systematic unpermitted tree removals at 150 Chorro
Street. At that time, a 36 inch black walnut had been removed without a permit. I attended a Committee Meeting and
the Committee subsequently found that a violation had occurred. They moved for the City Arborist (Ron Combs) to seek
mitigation measures and replacement plantings. Despite this direction, Mr. Combs accepted a few trees that had
previously been planted on the property prior to removal of the oak as mitigation. At the public meeting, Mr. Combs had
recommended that a specimen tree be required as replacement to mitigate the loss of such a large tree that was
important to the community. I provided the letter below expressing my dissatisfaction and disappointment at the
conclusion of this effort.
Mr. Combs' decision demonstrated to the property owner and others that illegal tree removals, even when repeated,
egregious, and associated with large skyline trees, will be tolerated by the City.
Since that time, tree removals have continued at this property. Please see the attached photos of the orange tree
removed from the green belt. Like the walnut, the orange tree was systematically pruned hard (>30% of the canopy and
against muni code) and ultimately removed as the tree health declined. I have not seen this tree on the agenda and so I
assume the removal was unpermitted. In that the tree was within 10 feet of the back of sidewalk, it does not appear to
be exempted from a permit under MC 12.24.080.
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Now, of course, the tree is gone. Could the City please investigate this removal? If a violation has occurred I would ask
that mitigation measures and replacement trees be required. There are very few trees left on the property.
Thank you.
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November 21, 2019
To: City of San Luis Obispo Tree Committee
Mr. Ron Combs, City Arborist
Re: Illegal Pruning and Removal of Black Walnut at 150 Chorro Street
Dear Members of the Tree Committee,
Thank you for the opportunity to comment on this subject. For the past 7‐10 years I have watched the
urban forest at our end of West Street (West and Chorro) steadily decline. I appreciate the opportunity
to voice how this affects our neighborhood appearance and quality of life.
I had intended to contact the committee to provide input to a (second) anticipated tree removal permit
application to remove a very large Black Walnut tree at 150 Chorro Street (corner of West and Chorro
streets).
In April 2017, the property owner submitted the first application for removal of the tree. According to
staff, due to the size (>20 inches), proximity to the sidewalk, lot density, and the significant benefit to
the character and environment of the neighborhood, a finding for removal could not be made by staff
and the owner was told that the removal application would need to be routed to the Committee. The
application was then withdrawn.
In November 2018, the tree was severely pruned by the Owner. During that pruning, a neighbor texted
me in a panic stating that 80% of the tree was removed, despite the City municipal code which prohibits
removal of more than 30% of the canopy of a tree at any time. This was absolutely a code violation.
In April 2019, what was left of the tree from the first pruning was cut back even more severely. It
seemed evident there was a plan to systematically destroy the tree since it would not likely receive City
approval for removal. I exchanged numerous calls and emails with Mr. Combs on this subject, and I was
told that indeed a violation had occurred. I was told that the Owner was contacted and was planning to
re‐submit a removal application which would be routed to the committee since it had already been
determined that a finding could not be made at the staff level. I was assured that a hearing notification
would be posted in front of the property prior to a finding so that I would have the opportunity to speak
on the subject. I watched for a posting, and closely monitored the committee agenda, but there were
none.
On October 31, 2019 the tree was fully removed with no public notice. Neither the previous violation,
nor the second removal application were routed to the committee as anticipated. It is my understanding
that when a second removal application was submitted, a different staff member reviewed and simply
approved the application, unaware of the ongoing issues and status of this tree. The Municipal Code is
very clear, and the tree did not fall into the “permit not required” category, as evident by the
determination during the first application. This application should not have been approved at the staff
level.
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The illegal pruning and ultimate loss of this tree has had a significant impact on the already‐declining
urban forest on West Street. Since the applicant moved into the home in around 2012, there has been a
rapid decline in the urban forest and canopy on this end of West Street. Within a few months the owner
removed a very mature Chinese Elm, a large Pine, a maple, a fir, and numerous mature hedges. Only one
pine, one small oak at the greenbelt on Chorro, and, (until recently) the large Black Walnut still exist.
Our one‐block long street has 19 children under the age of 10. My 5‐year‐old and I loved watching crows
drop walnuts from the top of the trees to crack the nuts, which my son described to his preschool class.
We also loved watching the resident squirrel walk along the power lines and leap into the walnut tree.
Our neighborhood Cooper’s Hawk would land in the tree to avoid getting mobbed by crows. This was
such great learning opportunities and a wonderful contribution to our home and neighborhood. Now all
we see are power lines from our side of the street, and the beauty and sense of connection with nature
is continually declining.
Before the tree was felled, I had planned to ask that the Committee consider conditioning the applicant
to restore the walnut back to a healthy size and shape over a multi‐year period, with an associated
monitoring plan. The size and character of the tree added significant value to the neighborhood and had
been a beautiful element in the neighborhood for decades. We would like to have seen it restored from
the damage done by the illegal pruning.
Now that the tree has been removed, I am requesting that the City follow through with enforcing the
Municipal Code violation for the pruning that occurred (twice), prior to the removal. Staff witnessed the
condition of the tree after the pruning and chose to delay the enforcement until an application was re‐
submitted. The issue has not been resolved, and the ultimate removal of the tree should not expunge
the previous code violation.
Since we have lost such a significant contribution to the character of our neighborhood, I would ask that
as mitigation to the illegal pruning, the committee require replacement plantings of larger and more
numerous specimens what would typically be required for a permitted removal. The mitigation should
compensate not only for illegal pruning and ultimate loss of the walnut, but also the other large
specimens that were removed without a permit. Again, all of these unpermitted removals and illegal
pruning were brought to the attention of staff during the time the violations were occurring, yet no
action was ever taken. Larger and more numerous mitigation plantings would be the only real way to
restore some canopy to the neighborhood and over time, restore some of the overall natural
environment to our neighborhood.
Thank you for your consideration,
Jon Hanlon
814 West Street
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West and Chorro – December 2008
West and Chorro ‐ January 2012
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West Street ‐ December 2008
Same View after First Pruning ‐ 2018
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First Pruning – November 2018
Second Pruning – May 2019
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Urban Forest – December 2008
Urban Forest – May 2016