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HomeMy WebLinkAboutItem 4a. 92 Los Verdes Dr. Tree Removal Appeal TREE COMMITTEE AGENDA REPORT DATE: February 27, 2023 TO: TREE COMMITTEE MEMBERS FROM: Anthony Whipple, City Arborist (805) 781-7021 Email: awhipple@slocity.org SUBJECT: TREE REMOVAL APPEAL OF APPLICATION SR# 13333 On February 13, 2023, I posted a Public Notice for a Tree Committee hearing referring to two Pine Trees located at 92 Los Verdes Drive, Tree Removal Application SR# 13333. The mentioned Removal application was submitted based on: San Luis Obispo’s Municipal Code 12.24.090. E.1. c. The tree’s roots are causing severe damage to public or private property, and removing the tree is the only feasible way to eliminate the damage. E. 2. The city arborist will either approve, conditionally approve, or deny the application for tree health or hazard mitigation based on findings regarding the criteria set forth in subsection (E)(1) of this section. The city arborist’s determination under this section is appealable to the tree committee pursuant to Section 12.24.180. The tree committee’s decision also shall be based on findings regarding the criteria set forth in subsection (E)(1) of this section. Based on the findings, I conditionally approved the trees for removal based on the criteria and conditioned replacement trees to be in same area. The requested quantity and size of the trees were two 36-inch box trees off the Master list. ATTACHMENTS A – Tree Inspection Report B – Proof of Posting C – Tree Removal Application D – Appeal Form Meeting Date: 2/27/2023 Item Number: 4a Time Estimate: 30 minutes Page 9 of 299 Page 10 of 299 Tree Removal Inspection / Permit TO: Los Verde Park #1 FROM: Anthony Whipple, City Arborist/Urban Forest Supervisor SUBJECT: Removal Application SR#13333 On January 6th, 2023.I inspected two Stone pine (Pinus Pinea) tree(s). located at 92 Los Osos Valley Road in response to tree removal application SR#13333. The removal of the mentioned application was submitted based on: San Luis Obispo Municipal Code 12.24.090 (E) 1. c. The tree’s roots are causing severe damage to public or private property, and removing the tree is the only feasible way to eliminate the damage. d. The tree is affected by structural defects that will limit lifespan. 2. The city arborist will either approve, conditionally approve, or deny the application for tree health or hazard mitigation based on findings regarding the criteria set forth in subsection (E)(1) of this section. The city arborist’s determination under this section is appealable to the tree committee pursuant to Section 12.24.180. The tree committee’s decision also shall be based on findings regarding the criteria set forth in subsection (E)(1) of this section. Upon inspection of the two stone pine tree(s), I concur the tree(s) are causing severe damage to public or private property, and removing the tree is the only feasible way to eliminate the damage, and I APPROVE the removal application. One of the trees shall be replanted in the same Planter area as the existing Pine trees. Replanting of two 36 inch-box tree(s) off Master Tree list is required within 60 days of removal. Owner or Applicant shall submit a photo taken after tree(s) are planted and mailed to Urban Forest Services 25 Prado RD. San Luis Obispo CA 93401 or emailed to City Arborist awhipple@slocity.org as a condition of this approval. Public Works - Urban Forestry 25 Prado Road, San Luis Obispo, CA 93401-3218 805.781.7220 slocity.org Page 11 of 299 City of San Luis Obispo, Title, Subtitle City Engineering Standards, Uniform Design Criteria 1010, page 33. Install one street tree per 35 feet of street frontage. One of the trees shall be planted within the same approximate location to comply with one street tree per 35’ of street frontage California Fish and Game Code Section 3503.5 and the Migratory Bird Treaty Act of 1972. If the nests in the trees marked for removal are active, they will have to have a biologist determine when the young have fledged or if the nest is no longer active. and the City Biologist would need to see a report on that before any tree removals can commence. Depending on when construction is slated to begin, the nesting bird season window is February 1 – August 31st. NOTE: All trees replanted shall be maintained until established as a condition of the Tree Removal Permit. Respectfully, Anthony Whipple, City Arborist/Urban Forest Supervisor (805) 781-7023 awhipple@slocity.org Page 12 of 299 Page 13 of 299 Page 14 of 299 Page 15 of 299 0 Page 2 Tree Removal Decisions as outlined in Section 12.24.090 of the City's Municipal Code SELECT ONE CRITERIA FROM BELOW DECISION MAKER APPEAL BODY SUPPORTING TREE REMOVAL APPLICATION Imminent Hazard to Life or Property Section City Arborist No Appeal 112.24.09 0(EH 1 H2,ll Tree Health and Hazard Mitigation City Arborist Tree Committee Section 11? 24 090(�] Convenience Removal (Tree Committee makes Community Planning Commission recommendation to Community Development Director) l12.24.090(ElQ)] Development Director City Council Minor Ministerial Development Permit (removal for City Arborist Community residential or accessory construction on an R-1 or Development Director R-2 lot) Secti on! 12_24 _09o(F}(1} I Criteria for Discretionary Permits Construction Tree Community Planning Commission Removal Section 112 24 090(FH3\I Development Director City Council Major Development I Tentative Tract Ma� Community City Council Conditional Use Permit Section 112 24.09�(Fl(4)]Development Director Please include a check for $175.69 along with completed application & documentation. Tree Removal applications may be submitted in person at 25 Prado Road at the City's Corporation Yard in SLO or mailed to: City of San Luis Obispo Public Works-Urban Forest Services 25 Prado Road San Luis Obispo, CA 93401. Pursuant to San Luis Obispo Municipal Code 12.24.180, any person aggrieved by an act or determination of the authorized approving authority exercising the authority herein granted shall have the right to appeal the decision of the authorized approving authority. Appeals must be received by the city clerk within ten calendar days from the date of determination or act shall cause the director to withhold tree removal permits and any permits for construction or demolition activity relying on the subject tree removal until the appeal is heard and a decision is reached. The fee to appeal to the Tree Committee is $135.64 This tree removal application must be signed by the property owner or an Authorized Agent. I declare under penalty of perjury that all the facts stated within this tree removal ap p lication are true and correct. Property Owner Signature: Date: ____ _ Applicant's Signature: � """"-' % � , Date: ____ _ Please make check payable to the Ci y of San Luis Obispo $175.69 Check#: ___ _ X Page 16 of 299 Page 17 of 299 Page 18 of 299 Page 19 of 299 Page 20 of 299 Page 21 of 299 Page 22 of 299 Page 23 of 299 Page 24 of 299 Page 25 of 299 Page 26 of 299 Page 27 of 299 Page 28 of 299 Page 29 of 299 Page 30 of 299