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HomeMy WebLinkAbout06-17-2014 PH1 Appeal of Tree Committee Decision to Deny a Tree Removal at 902 Peach StCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Daryl R. Grigsby, Director of Public Works Prepared By: Ron Combs, City Arborist SUBJECT: APPEAL OF TREE COMMITTEE DECISION TO DENY A TREE REMOVAL APPLICATION AT 902 PEACH STREET RECOMMENDATION Adopt a resolution denying the appeal of the Tree Committee’s decision to deny the removal of two Eucalyptus trees at 902 Peach Street. DISCUSSION On March 6, 2014, the City received a Tree Removal Application from Ken Carpenter, the designated representative of the property owner of 902 Peach Street. The Application was for the removal of three Eucalyptus trees at 902 Peach Street. The application cited house risk, sidewalk, driveway, and foundation damage as the reasons for removal (Attachment 1). The City Arborist reviewed the condition of the trees upon receipt of the removal application. In this case, the City Arborist was not able to approve the removal as no major defect, disease, or damage was observed on the trees. The City Arborist also did not find that the tree presented any hazard or was causing severe root damage that feasibly could be remedied only by removal of the tree (Attachment 2). The City Arborist can approve certain tree removals per Municipal Code Section 12.24.090.D.1. When tree removal is not related to property development, the City Arborist may authorize a tree removal after finding any of the following circumstances: a. The tree is a hazard to life or property, and removing it is the only feasible way to eliminate the hazard; b. The tree is dead or dying or damaged beyond reclamation; c. The tree is causing severe root damage to public or private property, and removing the tree is the only feasible way to eliminate the damage. Tree Committee Decision Per the City’s Municipal Code Section 12.24.090, the Tree Committee reviews Tree Removal Applications referred to them by the City Arborist, and may authorize removal if it finds one of the following circumstances: a. The tree is causing undue hardship to the property owner. Normal routine maintenance does not constitute a hardship, i.e., cleaning of gutters, leaf raking, or root intrusion into a failed sewer lateral, etc.; b. Removing the tree promotes good arboricultural practice; 6/17/14 PH1 PH1 - 1 Tree Appeal – 902 Peach Street Page 2 c. Removing the tree will not harm the character or environment of the surrounding neighborhood. On March 24, 2014, the Tree Committee heard the removal request. All Tree Committee members inspected the tree prior to the meeting. This is standard protocol for all tree removal requests so that the members can make an informed decision at the public hearing. The Committee members felt pruning could mitigate risk to the building. The Tree Committee voted unanimously to deny the request for removal of the trees at 902 Peach Street (Attachments 3), finding that: a. The tree is not causing undue hardship; b. The removal would not promote good arboricultural practices, c. Removal would harm the character of the surrounding neighborhood. After the ruling, the applicant felt additional consideration should be given to the impacts of the trees. The Committee suggested the applicant reapply and submit a replacement planting plan and Arborist Report. On April 28, 2014, the Tree Committee included this item on the agenda and accepted additional input from the applicant, including an Arborist Report and replanting plan (Attachments 4 and 5). The Committee members felt the trees were an asset to the neighborhood and pruning could still mitigate risk to the building. The Committee agreed that one tree was lying on utilities and lifting the walk and could be removed. The Tree Committee voted unanimously to approve removal of one tree by the corner, based on promoting good arboricultural practice. In addition, the Committee required a 15-gallon replacement tree. They denied the removal for the remaining two trees, as they could not make the necessary findings for removal (Attachments 6 and 7). Appeal On May 9, 2014, the City Clerk’s office received an appeal of the Tree Committee’s decision of April 28, 2014, from Ken Carpenter. Tree Committee decisions are appealable to the City Council by anyone within 10 days from the date of the decision. In the appeal, Mr. Carpenter stated that the trees are overgrown and damaging the property (Attachment 8). According to Municipal Code Section 1.20 the Council can consider any information it deems necessary to make its decision after the appellant is given the opportunity to explain why the Tree Committee’s decision should be overturned. FISCAL IMPACT There is no fiscal impact realized by the City in the denial of the appeal. PH1 - 2 Tree Appeal – 902 Peach Street Page 3 ALTERNATIVES Uphold the appeal. The City Council could choose to uphold the appeal for tree removal, thereby allowing removal of the two Eucalyptus trees and replacement of all three trees with two Chinese Elms, as proposed by the owner’s representative. ATTACHMENTS 1. Tree Removal Application 2. Notice of Tree Committee Consideration of Application 3. Tree Committee Meeting Minutes Excerpt 3/24/14 4. Notice of Tree Committee continuance 5. Applicant Arborist Report and Planting Plan 6. Tree Committee Meeting Minutes Excerpt 4/28/14 7. Notice of Tree Committee Decision 8. Tree Committee Decision Appeal 9. Resolution Denying the Appeal 10. Resolution Upholding the Appeal \\chstore6\team\council agenda reports\2014\2014-06-17\tree appeal (combs)\car tree apeal.docx PH1 - 3 ATTACHMENT 1 - 1 PH1 - 4 ATTACHMENT 1 - 2 PH1 - 5 ATTACHMENT 1 - 3 PH1 - 6 ATTACHMENT 2 March 10, 2014 Noel Castellanos 20430 Williams Ave. Saratoga, CA 95070 Your application for tree removal at 902 Peach St. has been reviewed by the City of San Luis Obispo Arborist. Since the existing conditions did not allow the City Arborist to make a favorable finding regarding removal of the tree(s), the matter has been forwarded to the City of San Luis Obispo Tree Committee, pursuant to City Ordinance No. 1153, Section 12.24.180. In cases such as this when the City Arborist cannot authorize a tree removal, the Tree Committee, which is comprised of five members, will review your application and inspect the tree(s) in question. The Tree Committee may authorize removal if it finds one of the following circumstances: (a) the tree is causing undue hardship to the property owner, (b) removing the tree promotes good arboricultural practice, (c) removing the tree will not harm the character or environment of the surrounding neighborhood. Therefore, members will then take up the issue at the next Tree Committee meeting scheduled for March 24, 2014 at 5:00 pm , in Conference Room A at the City Corporation Yard, 25 Prado Road. A copy of the agenda will be sent prior to the meeting and you, or your agent, are required to attend the meeting in order for the Committee to take action on your request. At the meeting, the City Arborist will provide a brief overview of the circumstances surrounding your proposed removal of the trees, after which you will be given an opportunity to explain your reasons for requesting the removal. The Committee members will then address your concerns and deliberate the facts to determine whether they should, in fact, grant or deny your request or provide you with other options. Any decision rendered by the Tree Committee can be appealed to the City Council if you are not satisfied with the Tree Committee's decision. If you have any questions regarding this process, you may contact Ron Combs at (805) 781-7023, Monday through Friday. Sincerely, Ron Combs City Arborist / Urban Forester PH1 - 7 ATTACHMENT 3 TREE COMMITTEE MEETING – MINUTES EXCERPT MONDAY, MARCH 24, 2014 Corporation Yard Conference Room 25 Prado Road, San Luis Obispo MEMBERS PRESENT: Jane Worthy, Trey Duffy, Ben Parker and Scott Loosley STAFF PRESENT: Ron Combs TREE REMOVAL APPLICATIONS 6. 902 Peach (3 eucalyptus) Ken Carpenter, applicant’s representative, discussed the removal request and reported that the sidewalk had been uprooted and the driveway was cracked and that the sewer had been impacted with roots. He felt the trees were too large for the small lot and removing them would not harm the character of the neighborhood. He felt they posed a liability issue due to limb droppage. Mr. Combs stated that there had been some sidewalk and driveway displacement. Mr. Loosley felt pruning could mitigate the risk to building and data line interference. Mr. Parker agreed that a certified arborist could safety prune the trees. He would further consider the item if an arborist affirmed there was hazard and the applicant submitted a replacement-planting plan. Mr. Parker moved to deny the removal request, as he could not make the findings necessary for removal. Mr. Duffy seconded the motion. The motion passed unanimously. *** The meeting adjourned at 6:40 p.m. to next regular meeting scheduled for Monday, April 28, 2014, at 5:00 p.m. Respectfully submitted, Lisa Woske, Recording Secretary PH1 - 8 ATTACHMENT 4 March 25, 2014 Noel Castellanos 20430 Williams Ave. Saratoga, CA 95070 Your application for tree removal at 902 Peach St. has been continued to the Tree Committee meeting on April 28, 2014 at the Corporation Yard, 25 Prado Road. A copy of the agenda will be sent to you prior to the meeting and you, or your agent, are required to attend the meeting in order for the Committee to take action on your request. Any decision rendered by the Tree Committee can be appealed to the City Council if you are not satisfied with the Tree Committee’s decision. Thank you for your patience in the continuance of this item. If you have any questions regarding the process, you may contact Ron Combs at (805) 781-7023, Monday through Friday. Sincerely, Ron Combs Urban Forester PH1 - 9 ATTACHMENT 5 - 1 PH1 - 10 ATTACHMENT 5 - 2 PH1 - 11 ATTACHMENT 5 - 3 PH1 - 12 ATTACHMENT 6 - 1 TREE COMMITTEE MEETING – MINUTES EXCERPT MONDAY, APRIL 28, 2014 Corporation Yard Conference Room 25 Prado Road, San Luis Obispo MEMBERS PRESENT: Craig Kincaid, Matt Ritter, Trey Duffy, Ben Parker and Scott Loosley STAFF PRESENT: Ron Combs TREE REMOVAL APPLICATIONS 3. 902 Peach (3 eucalyptus) Ken Carpenter, applicant’s representative, discussed the prior removal request and noted that the Committee had requested he return with a replanting plan and an arborist report that outlined the hazard issues with the trees. He submitted the arborist report and planting outline. He reiterated the damage caused by the trees. Mr. Combs agreed that the large trees were creating some hardscape damage. Mr. Loosley felt pruning and maintenance were still viable solutions to retaining the trees, but noted that the corner tree was lying against utilities and could be removed. Mr. Parker felt the large trees were an asset to the neighborhood and felt they could be pruned to mitigate concerns. Mr. Kincaid agreed that the trees were an asset to the area and felt the corner tree could be removed, but favored retaining the other two. The Committee discussed the arborist report, noting they would have preferred a chance to review in a timely manner and agreeing that the report submitted did not give them any new factual arboricultural information in considering the removal request and that the replanting plan was unclear. PH1 - 13 ATTACHMENT 6 - 2 Mr. Ritter moved to approve removal of the Silver Dollar gum by the corner, based on promoting good arboricultural practice and required a 15-gallon replacement tree to be chosen from the Master Street Tree list and planted within 45 days of the tree’s removal. He further moved to deny the removal for the remaining two trees, as he could not make the necessary findings for removal. Mr. Duffy seconded the motion. The motion passed unanimously. ***** The meeting adjourned at 6:30 p.m. to next regular meeting scheduled for Monday, June 9, 2014, at 5:00 p.m. (NOTE: Special meeting date) Respectfully submitted, Lisa Woske, Recording Secretary PH1 - 14 ATTACHMENT 7 April 29, 2014 Noel Castellanos 20430 Williams Ave. Saratoga, CA 95070 Your application for tree removal at 902 Peach St. was reviewed by the City of San Luis Obispo Tree Committee on April 28, 2014. After careful consideration of the facts provided by you and an on-site inspection of the tree(s), the Committee members have voted in compliance with Municipal Code Section 12.24.180.C.6, to take the following actions:  Approve removal of the Eucalyptus tree on Morro St. closest to the corner.  Deny your request for removal of the second Eucalyptus tree on Morro St. and the Eucalyptus tree on Peach St. because;  the trees are not causing undue hardship;  removal would not promote good arboricultural practice; removal would harm the character of the environment of the surrounding neighborhood. The decision of the Committee is final unless an appeal, in accordance with Municipal Code Section 1.20.020-1.20.050, is filed with the City Clerk's office within ten (10) days of the Committee's decision. An appeal may be filed by any persons aggrieved by a decision of the Committee. If you have any questions regarding this matter, you may contact Ron Combs at (805) 781-7023, Monday through Friday, 7:00 – 4:30 PM. Respectfully, Ron Combs City Arborist / Urban Forester PH1 - 15 ATTACHMENT 8 - 1 PH1 - 16 ATTACHMENT 8 - 2 PH1 - 17 ATTACHMENT 9 - 1 R ______ RESOLUTION NO. _____ (2014 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL TO THE TREE COMMITTEE DECISION TO DENY A TREE REMOVAL REQUEST AT 902 PEACH STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on March 24, 2014, and April 28, 2014 and denied the Property Owner’s request to remove two Eucalyptus trees located at 902 Peach Street, San Luis Obispo, California (“Property”); and WHEREAS, on June 17, 2014 the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the Tree Committee’s decision to deny the removal of two Eucalyptus at the Property. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: The City Council, after consideration of the appeal of the San Luis Obispo Tree Committee’s action, staff recommendations and reports thereon, and public testimony, makes the following findings: a. Two of three eucalyptus trees requested for removal (as depicted in Exhibit A hereto) are not causing undue hardship to the property owner because: 1. No testimony or evidence was presented to demonstrate that the presence of the trees severely impact the building; and 2. No testimony or evidence was presented to demonstrate that maintenance and/or repair of the trees or affected sidewalks, in a manner that would mitigate or eliminate impacts asserted by the applicant, is physically or financially infeasible or unduly burdensome. b. The removal of the trees will not promote good arboricultural practice because the trees are healthy, attractive, and vigorous. c. The removal of the trees will harm the character or environment of the surrounding neighborhood because they are large and attractive shade trees within the public street view. SECTION 2. The appeal of the Tree Committee’s decision to deny the removal of two Eucalyptus trees at 902 Peach Street, San Luis Obispo, California is hereby denied, the action of the Tree Committee is upheld in its entirety, and the property owner may not remove the two trees that are the subject of this appeal. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: PH1 - 18 Resolution No. _____ (2014 Series) ATTACHMENT 9 - 2 Page 2 AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2014. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney PH1 - 19 ATTACHMENT 10 - 1 R ______ RESOLUTION NO. _____ (2014 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL TO THE TREE COMMITTEE DECISION TO DENY A TREE REMOVAL REQUEST AT 902 PEACH STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on March 24, 2014, and on April 28, 2014, and denied the Property Owner’s request to remove two Eucalyptus trees at 902 Peach Street, San Luis Obispo, California (“Property”); and WHEREAS, on June 17, 2014 the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the Tree Committee’s decision to deny the removal of two Eucalyptus trees at the Property. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: The City Council, after consideration of the property owner’s appeal, from the San Luis Obispo Tree Committee’s action, staff recommendations and reports thereon, and public testimony, makes the following findings: a. The two eucalyptus trees requested for removal (as designated in Exhibit A hereto) are causing undue hardship to the property owner. b. The removal of the two Eucalyptus trees is reasonable because the trees will continue to damage driveway and sidewalk. c. The removal of the trees will not harm the character or environment of the surrounding neighborhood. SECTION 2. The appeal of the Tree Committee’s decision to deny the property owner’s request to remove two Eucalyptus trees at 902 Peach Street, San Luis Obispo, California is hereby upheld, and therefore removal of all three trees requested for removal is approved subject to the condition that the appellant plant replacement trees per their landscape plan as directed by the City Arborist. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2014. PH1 - 20 Resolution No. _____ (2014 Series) ATTACHMENT 10 - 2 Page 2 ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney PH1 - 21 Page intentionally left blank. PH1 - 22