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HomeMy WebLinkAboutItem 4a. 439 Branch Street Tree Removal Application TREE COMMITTEE AGENDA REPORT DATE: October 13, 2022 TO: Tree Committee Members FROM: Anthony Whipple, Acting City Arborist/Urban Forest Supervisor (805) 781-7021 awhipple@slocity.org SUBJECT: Tree Removal Application SR# 12496 This tree removal application has been reviewed by Tree Committee in April 2022. The Tree Committee requested more information from the applicant regarding foundation damage, and the applicant has responded stating they are unable to supply the requested documentation. After receiving this correspondence (Attachment D), the application was added to the next available Tree Committee Meeting for a final determination. On October 12, 2022, I posted one (1) Ash tree at 439 Branch Street in response to Tree Removal Application SR#12496. The removal of the mentioned application was submitted based on: San Luis Municipal Code 12.24.090.E.3. E. 3. Tree removal requests based on property owner convenience shall be subject to tree committee review in accordance with the process set forth in subsection (F)(2) of this section, the relevant additional application requirements set forth in subsection (D)(2) of this section, and the criteria set forth in subsection G of this section ATTACHMENTS A - Tree Inspection Report B - Proof of Posting C - Tree Removal Application D - 439 Branch St. Correspondence Meeting Date: 10/24/2022 Item Number: 4a Time Estimate: 15 minutes Page 11 of 95 Page 12 of 95 Tree Removal Inspection Report TO: Jeremy Lowney FROM: Anthony Whipple, Acting City Arborist/Urban Forest Supervisor SUBJECT: Removal Application SR#12496 On Date: April 11th, 2022, I Posted a Public Notice for a Tree Committee hearing for a tree(s) located at address 439 Branch Street. The signage was placed on south street in response to tree removal application SR#12496. The removal of the mentioned application was submitted based on: San Luis Obispo Municipal Code 12.24.090 (E) 3 E. Criteria and Process for Non-Construction Related Tree Removal Application Determinations Related to Tree Health or Hazard Mitigation or Property Owner Convenience (Refer to Subsection G of This Section for Criteria for Construction Tree Removal Determinations). E. 3. Tree removal requests based on property owner convenience shall be subject to tree committee review in accordance with the process set forth in subsection (F)(2) of this section, the relevant additional application requirements set forth in subsection (D)(2) of this section, and the criteria set forth in subsection G of this section. F. 2. For all tree removal requests related to ministerial development permits, other than as specified in subsection (F)(1) of this section, the tree committee shall review and make a recommendation on the tree removal application to the community development director based on the criteria in subsections G and J of this section. The director shall consider the recommendation of the tree committee, as well as the consistency of the tree removal application with other city development policies and standards applicable to the site, and shall either approve, conditionally approve, or deny the tree removal request, subject to appeal as set forth in Section 12.24.180. The Subject tree Green Ash (Fraxinus pennsylvanica), The tree committee shall review and make a recommendation on the tree removal application to the Community Development Director. authorized by the City of San Luis Obispo Municipal Code, Title 12, Tree Regulations Thank you, Anthony Whipple, Acting City Arborist/Urban Forest Supervisor (805) 781-7021 awhipple@slocity.org Public Works - Urban Forestry 25 Prado Road, San Luis Obispo, CA 93401-3218 805.781.7220 slocity.org Page 13 of 95 Page 14 of 95 Page 15 of 95 Page 16 of 95 Page 17 of 95 Page 18 of 95 Page 19 of 95 Page 20 of 95 Page 21 of 95 Page 22 of 95 Hi Bart and Stephanie, I appreciate the update. As you know, this Tree Removal Application was continued at the direction of the Tree Committee, with the request that the applicant submit documentation supporting the alleged foundation damage on the residence. At your request, I will include this item to the October Tree Committee agenda and add your September 6, 2022, correspondence below as new material. Please let me know if you have any questions, and you will receive a notification in the mail prior to the October meeting with the necessary details. Let me know if you have any questions Thank you, Anthony Whipple City Arborist Public Works Urban Forest Services 25 Prado Road, San Luis Obispo, CA 93401 -7314 E awhipple@slocity.org T 805.781.7021 C 805.431.0398 From: Stephanie Schwan Sent: Tuesday, September 6, 2022 12:25 PM To: Whipple, Anthony <awhipple@slocity.org> Subject: Re: 439 Branch Tree Removal Application. Good afternoon, I’m sorry it has taken us so long to get back to you. I just wanted to let you know that we have decided not to get a report from anyone to show root damage or the presence of roots near o r under the foundation. It was too costly to hire someone to do that and we can’t put the money out on it at this time. We don’t have the equipment and are not physically able to do it ourselves due to health issues. We both have back problems. We are hoping that the report presented by Jeremy Lowney at the meeting we last attended will suffice. He is an expert in his field and has stated in his report that root damage is inevitable. If it’s not there now, it’s just a matter of time before that happens. As we stated before, the property owner, Betty Aten has never properly maintained that tree. It’s only been recently that she had the tree trimmed. Please let us know what you decide and we can go from there. We just want to go on record stating that we w ill not be held responsible for any damage to property or person if this tree is allowed to remain in place. Thank you for your consideration. Sincerely, Bart and Stephanie Schwan Page 23 of 95 On May 19, 2022, at 7:37 AM, Whipple, Anthony <awhipple@slocity.org> wrote: Hi Stephanie, Looks like we had a typo in the last email. Sounds like we need to give you a little more time to gather more information. I suggest we reschedule until the June 27th tree committee meeting. Let me know if you have any questions Thank you, Anthony Whipple Acting City Arborist Public Works Urban Forest Services 25 Prado Road, San Luis Obispo, CA 93401 -7314 E awhipple@slocity.org T 805.781.7021 C 805.431.0398 From: Stephanie Schwan Sent: Wednesday, May 18, 2022 8:12 PM To: Whipple, Anthony <awhipple@slocity.org> Cc: Jeremy Lowney; Cruce, Greg <gcruce@slocity.org> Subject: Re: 439 Branch Tree Removal Application. Hi Anthony, We did contact Betty as you mentioned. We have pictures of fallen branches. However, we were not able to get anyone out yet to pressure wash around the house to check roots. Therefore, we do not have pictures of that. If we need to reschedule until next month, please let us know. Thank you for reaching out. Sincerely, Bart and Steph Schwan Page 24 of 95 On May 18, 2022, at 5:13 PM, Whipple, Anthony <awhipple@slocity.org> wrote: Hello Bart and Jeremy, I wanted to remind you that at our last Tree Committee hearing, our committee members requested some additional information. 1. A statement from the property owner of 430 south street Betty Atten. I did receive a phone call and a statement from the property owner of tree located 430 South St. Betty Atten and I added it to the Agenda Correspondence. 2. Some form of photo documentation or report showing the root vs foundation issues, (mentioned at the meeting). As the only item on the agenda, we would need the new information by Thursday at 5:00pm and if we can’t make the deadline, staff might request that we cancel and reschedule the Tree Committee hearing to accommodate the Tree Committee’s inquiry. Let me know if you have any questions Thank you, Anthony Whipple Acting City Arborist Public Works Urban Forest Services 25 Prado Road, San Luis Obispo, CA 93401 -7314 E awhipple@slocity.org T 805.781.7021 C 805.431.0398 Page 25 of 95 Page 26 of 95