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HomeMy WebLinkAboutItem 4a. 10 Higuera St (ARCH-0358-2023) Tree Removal Application TREE COMMITTEE AGENDA REPORT SUBJECT: REQUEST TO REMOVE TW O TREES AND REPLANT 25 TREES AS PART OF A NEW MIXED-USE PROJECT THAT CONTAINS APPROXIMATELY 23,164 SQUARE FEET OF COMMERCIAL SPACE, A ONE BEDROOM RESIDENTIAL UNIT, AND ASSOCIATED SITE IMPROVEMENTS FILE NUMBER: ARCH-0358-2023 PROJECT ADDRESS: 10 Higuera St. BY: Rachel Cohen, Senior Planner FROM: Walter Gault, Urban Forestry Phone Number: (805) 781-7574 Program Coordinator / City Arborist Email: rcohen@slocity.org Phone Number: (805) 783-7883 Email: wgault@slocity.org APPLICANT: Keith Sweeny REPRESENTATIVE: Neil Miller, TenOver Studios RECOMMENDATION Review the proposed tree removals for consistency with the City’s Tree Regulations and provide a recommendation to the Planning Commission. SITE DATA Zoning: Service Commercial with a special consideration overlay (C-S-S) & Tourist Commercial with a mixed-use overlay (C-T- MU) zone General Plan: General Retail and Services & Manufacturing Site Area: 2.96-acre parcel (128,938 square feet) Environmental Status: The project is categorically exempt from environmental review under CEQA Guidelines section 15332 (Class 32, Infill Development Projects) 1.0 PROJECT DESCRIPTION Keith Sweeny (Applicant) has applied for a Major Development Review (ARCH -0358- 2023) to allow for the construction of a new mixed-use project that contains approximately 23,164 square feet of commercial space [proposed to be occupied by a distillery, restaurant, tasting room, and associated spaces] and a one -bedroom residential unit with associated site improvements, a sign program, and a request to remove two trees. The project is proposed on property located at 10 Higuera Street (Assessor Parcel Numbers [APN] 004-511-015, 004-511-022) that is 2.96 acres in size located in the Service Commercial with a special consideration overlay (C-S-S) & Tourist Commercial with a mixed-use overlay (C-T-MU) zone (see Attachment A, Project Plans). Meeting Date: 5/20/2024 Item Number: 4a Time Estimate: 20 Minutes Figure 1: Subject Property Location Page 9 of 46 Item 4a ARCH-0358-2023 (10 Higuera Street) Tree Committee Report – May 20, 2024 Along with the new mixed-use structure, the project will include various site improvements. Demolition activities would include the removal of asphalt, concrete, various accessory structures, and two pepper trees. The project also proposes site improvements including installation on-site water lines, a backflow preventer, new water meters, sewer service lines within the site and a connection to existing City wastewater infrastructure. Underground electrical service would be installe d throughout the project site and connect to a new transformer. The project would include on -site amenities including a trash enclosure, a parking lot, bicycle parking, and landscaping (including the planting of 25 trees). 2.0 COMMITTEE PURVIEW The Tree Committee’s role is to review the project and provide a recommendation to the Planning Commission regarding consistency with the policies and standards set forth in San Luis Obispo Municipal Code (SLOMC) Section 12.24 (Tree Regulations). 3.0 TREE REGULATIONS The City’s Tree Ordinance (Municipal Code Chapter 12.24) was adopted in 2010 and recently updated in 2019 with the purpose of establishing a comprehensive program for installing, maintaining, and preserving trees within the City. This ordinance establishes policies, regulations, and specifications necessary to govern installation, maintenance, removal, and preservation of trees to beautify the city; to purify the air; to provide shade and wind protection; to add environmental and economic value; and to preserve trees with historic or unusual value. Criteria for Construction Related Tree Removal Recommendations. SLOMC §12.24.090 subsection F.4 requires review by the Tree Committee for tree removal requests related to discretionary permit applications for Major Development Review and make a recommendation based on criteria set forth in subsection G. Applicable criteria are provided below with a description of how the proposed project responds.  Size of Tree. The applicant is requesting to remove two trees (identified as Tree 1 and Tree 2 in the Arborist Report, Attachment C). Tree 1 is a Schinus mole (Peruvian pepper) that is in good health, structure, and form and is 48-inches in diameter at standard height (4.5-feet above natural grade). Tree 2 is also a Schinus mole (Peruvian pepper) and is in good health but fare structure and poor form. The issues with Tree 2’s form and structure are due to pruning for overhead utilities that has created an off-balanced tree. It is 36-inches in diameter at standard height.  Location of Tree on Private Property. The two trees are located interior to the almost 3-acre project site. Tree 1 is located over 400 feet from the public right of way behind an existing structure. It can be seen from the public right of way but is not of high visual impact to the neighborhood. Tree 2 is located behind a structure located at 6 Higuera Street and not easily visible from the public right of way. Page 10 of 46 Item 4a ARCH-0358-2023 (10 Higuera Street) Tree Committee Report – May 20, 2024  Species of Tree. Trees 1 and 2 are both non-native trees. The Peruvian pepper tree, according to the Arborist Report, is mildly invasive and can be problematic near washes, creeks, and waterways. The project site is bordered by the San Luis Obispo Creek to the west and Exposition Creek to the south.  Compliance Regarding Compensatory Plantings. The applicant is proposing to replant 25 trees on the site. Project Plans sheet L1.0 (Attachment A) shows the location and species of the new trees. The Plans include 6, 15 -gallon Aesculus californica (California Buckey), 11, 24-inch box Arbutus (Marina Strawberry Tree) and 3, 24-inch Quercus rubra (Red Oak). This proposal is beyond the one -to-one replacement planting outlined in Municipal Code Section 12.24.090(J). Based on the criteria above, Trees 1 and 2, although larger in size, are not native, do not appear to provide high visual impact to the neighborhood, and the applicant is replacing the two trees with 25 trees and as such the proposed tree removals appear to be consistent with the City’s Tree Regulations. 4.0 ACTIONS 4.1 Recommend findings of consistency with the Tree Regulations. An action recommending approval of the application based on consistency with the Tree Regulations (SLOMC Section 12.24) will be forwarded to the Planning Commission for final action. This action may include recommendations for conditions to address consistency with the Tree Regulations. 4.2 Continue the project to a hearing date certain, or uncertain. An action continuing the application should include direction to the applicant and staff on pertinent issues. 4.3 Recommend findings of inconsistency with the Tree Regulations. An action recommending denial of the application should include f indings that cite the basis for denial and should reference inconsistency with the General Plan, Tree Regulations, or other policy documents. 5.0 ATTACHMENTS A - Project Plans (ARCH-0358-2023) B - Tree Removal Site Plan (ARCH-0358-2023) C - Arborist Report and Tree Protection Plan (ARCH-0358-2023) D - Tree Removal Application (ARCH-0358-2023) Page 11 of 46 Page 12 of 46 7+,6352-(&76+$//&203/<:,7+&855(17$33/,&$%/(&2'(6 25',1$1&(6 &$/,)251,$%8,/',1*67$1'$5'6$'0,1,675$7,9(&2'( &$/,)251,$%8,/',1*&2'( &$/,)251,$(/(&75,&$/&2'( &$/,)251,$0(&+$1,&$/&2'( &$/,)251,$3/80%,1*&2'( &$/,)251,$(1(5*<&2'( &$/,)251,$+,6725,&$/%8,/',1*&2'( &$/,)251,$),5(&2'( &$/,)251,$(;,67,1*%8,/',1*67$1'$5'6&2'( &$/,)251,$5()(5(1&(67$1'$5'6&2'( &,7<2)6$1/8,62%,632081,&,3$/&2'(7,7/(%8,/',1*6$1'&216758&7,21 &,7<2)6$1/8,62%,6327,7/(=21,1*5(*8/$7,216  &$/,)251,$&2'(5()(5(1&(6 '5$:,1*6<0%2/6 1DPH(OHYDWLRQ +(,*+7(/(9$7,210$5.(5 1257+$552: 5RRPQDPH  6) 52201$0( 5220180%(5 5220$5($ 522)*5281'6/23( ,1',&$7(66/23($1' ',5(&7,212)6/23( 29(5+($'/,1(6 .(<127(',9,6,21 180%(5$1' 63(&,),&$7,21 ";;;;; ',0(16,21/,1(6 &(17(5/,1(2) &2/80125678' &(17(5/,1(2) 23(1,1* )$&(2)678' &,7<2)6$1/8,62%,632 &20081,7<'(9(/230(17'(3$570(17 3$/0675((7 6$1/8,62%,632&$ 3+ &,7<2)6$1/8,62%,632 %8,/',1*'(3$570(17 3$/0675((7 6$1/8,62%,632&$ 3+ &,7<2)6$1/8,62%,632 3/$11,1*'(3$570(17 3$/0675((7 6$1/8,62%,632&$ 3+ &,7<2)6$1/8,62%,632 38%/,&:25.6'(3$570(17 3$/0675((7 6$1/8,62%,632&$ 3+ &,7<2)6$1/8,62%,632 ),5('(3$570(17 6$17$%$5%$5$$9(18( 6$1/8,62%,632&$ 3+ 3* ( +,*8(5$675((7 6$1/8,62%,632&$ 3+ 6287+(51&$/,)251,$*$6&203$1< %52$'675((7 6$1/8,62%,632&$ 3+ $*(1&,(6 87,/,7,(6 2:1(5 .(,7+6:((1(< &217$&7 .(,7+6:((1(< 5$1&+,72/$1( 3+21(  6/2&$ (0$,/ NHLWK#VZHHQH\SOXPELQJFRP $5&+,7(&7 7(129(5678',2 &217$&7 -2(/61<'(5 0$56+67 3+21(  6/2&$ (0$,/ MRHOV#WHQRYHUVWXGLRFRP &,9,/(1*,1((5 %.)(1*,1((56 &217$&7 -(5(0<0$5(//2 7+675((768,7( 3+21(  6$17$526$&$ (0$,/ MPDUHOOR#ENIFRP /$1'6&$3($5&+,7(&7 7(129(5678',2 &217$&7 -8/,$2%(5+2)) 0$56+67 3+21(  6/2&$ (0$,/ MXOLDR#WHQRYHUVWXGLRFRP 352-(&7',5(&725< 1  )5((: $< 352-(&7/2&$7,21 +,*8(5$675((7 +, * 8 ( 5 $  6 7 6  + , * 8 ( 5 $  6 7 0 $'2 1 1 $5 ' %5,'*(67 (/.6/1 7+(6('5$:,1*6$5(,167580(1762)6(59,&( $1'$5(7+(3523(57<2)7(129(5678',2,1&7+('(6,*1$1',1)250$7,215(35(6(17('217+(6('5$:,1*6$5((;&/86,9(/<)257+(352-(&7,1',&$7('$1'6+$//127%(75$16)(55('2527+(5:,6(5(352'8&(':,7+287(;35(66:5,77(13(50,66,21)5207(129(5678',2,1&&23<5,*+7 0DUVK6WUHHW6DQ/XLV2ELVSR&$LQIR#WHQRYHUVWXGLRFRPZZZWHQRYHUVWXGLRFRP 12 7  ) 2 5  & 2 1 6 7 5 8 & 7 , 2 1 '5:1%< &+. '%< 352- 127)25 &216758&7,21 -2(/561<'(5 & 5(1(:$/ / , &(1 6 ('$5 &+, 7 ( & 7 6 7 $ 7 ( 2)$/,)2 51, $ & 0) 10 7,7/(6+((7   + , * 8 ( 5 $   + , * 8 ( 5 $  6 7  6$ 1  / 8 , 6  2 % , 6 3 2   & $  9,&,1,7<0$3 6+((7,1'(; $5& *(1(5$/ 77,7/(6+((7 &,9,/ &(;,67,1*&21',7,216 &6,7('(02/,7,213/$1 &6,7(3/$1 &*5$',1*$1''5$,1$*(3/$1 &6,7(6(&7,216 &87,/,7<3/$1 &67250:$7(5&21752/3/$1 &&216758&7,21'(7$,/6 /$1'6&$3( //$1'6&$3(3/$1 //,*+7,1*3/$1 //$1'6&$3(&876+((7 $5&+,7(&785( $6,7(3/$1 $),567)/2253/$1 $6(&21')/2253/$1 $(;7(5,25(/(9$7,216 $6,*1$*(352*5$0 $3(563(&7,9(,0$*(6 7 +,*8(5$ +,*8(5$676$1/8,62%,632&$ 12 '$7( 68%0,77$/   $5&,1,7,$/68%0,77$/   $5&5(68%0,77$/   $5&5(68%0,77$/ Page 13 of 46 Page 14 of 46 Page 15 of 46 Page 16 of 46 Page 17 of 46 Page 18 of 46 Page 20 of 46 Page 26 of 46 Page 27 of 46 Page 28 of 46 Page 29 of 46 Page 30 of 46 Page 32 of 46 for 10 Higuera Street San Luis Obispo, CA 93401 Prepared for: Ten Over Studio, Inc. Neil Miller 539 Marsh Street San Luis Obispo, CA 93401 Prepared by: Sam Oakley ISA Board Certified Master Arborist # WE-9474B ASCA Registered Consulting Arborist #556 The Oakley Group LLC PO Box 2412 Pismo Beach, CA 93448 February 2, 2024 Page 33 of 46 Page 2 of 12 Project Assignment This report was prepared for the proposed project at 10 Higuera Street within the city-limits of San Luis Obispo. The proposed project consists of the development of a 21,900-sf commercial building and associated site improvements on an existing 2.96-acre lot. As part of a Project Completeness Letter issued by the City of San Luis Obispo on August 10, 2023, you were asked to identify all tree removals on the site plan (as described in Municipal Code Section 12.24.090(D)(2)) as well as submit a tree removal application and arborist report for review by the City Arborist. This report identifies the proposed removals related to the project and provides additional tree protection guidelines to successfully retain trees that are directly adjacent to the project/property. Figure 1: 10 Higuera Street. Courtesy of Ten Over Studio, Inc. Analysis 1. Site Visit on August 25, 2023. 2. Identify tree location, species, trunk diameter at 4.5 feet above grade, and size. 3. Digitally image trees & their surroundings. 4. Evaluate trees and their surroundings. 5. Analysis of basic impacts based on a discussion about the scope of the project. Page 34 of 46 Page 3 of 12 Site Description The project location is situated between 101 highway and Higuera Street. Directly south of the property is a cemetery, and to the north is a CalTrans corporate yard. The property is bordered to the east and south by Exposition Creek and San Luis Creek, respectively. There are two existing buildings on the Higuera Street-side of the property housing a distillery and brewery. The rear portion of the property, where the proposed development is to occur, is an unmaintained open field (Fig. 2). The rear of the lot faces a perennial stream that is densely vegetated. The lot is sparsely vegetated with a large pepper tree prominently growing towards the middle of the lot, another pepper in the southwest corner of the lot, and overgrowth towards the back and south-side of the property. There are no structures on the property (Fig. 3). Figure 2: looking southeast across the open lot toward exposition creek. Page 35 of 46 Page 4 of 12 Site Plan I reviewed the preliminary Site Plan prepared by Ten Over Studios, dated July 14, 2023. The main structure is to be built directly over the location of Tree 1 towards top of the property. Tree 2 is located at the southwest corner of the project and is in the footprint of the proposed parking lot. Although there are trees located in San Luis Creek and Exposition Creek, the impact will be negligible if basic tree protection is performed as outlined in this report. A fence will help mitigate any encroachment into the creek trees’ critical root zones. Figure 3: (top) site plan of existing conditions—numbered tree locations for removal. Tree protection locations in green. (bottom) A site plan of the proposed site improvements. 1 2 Page 36 of 46 Page 5 of 12 Tree Disposition The two (2) trees on-site will need to be removed due to proposed improvements that cannot be reasonably designed to avoid the need for tree removal. These trees are: Tree 1 is a Schinus mole (Peruvian pepper) is good health, structure, and form. It is 48-inches in diameter at standard height (4.5-feet above natural grade). Tree 2 is also Schinus mole (Peruvian pepper) is good health but fare structure and poor form. The issues with the tree’s form and structure have been create by clearance pruning for overhead utilities, creating an off-balanced tree. It is 36-inches in diameter at standard height (4.5-feet above natural grade). The Peruvian pepper tree, as a species, is mildly invasive and can be problematic near washes, creeks, and waterways. These trees may need to be mitigated 1:1 with the appropriate size and species of tree. I recommend placing replacements on the creek-side and perimeter of the property to provide screening from adjacent properties. The proposed improvements have the potential to impact creek trees that are to be preserved. These impacts can be mitigated by erecting tree protection fencing along the boundary of the existing top of bank. Figure 4: Tree 1 located towards the center of the lot. Page 37 of 46 Page 6 of 12 Figure 5: Tree 2 located along the south property line. Tree Protection Measures The objective of this section is to reduce the negative impacts of construction on trees to a less than significant level. Trees vary in their ability to adapt to altered growing conditions, while mature trees have established stable biological systems in the preexisting physical environment. Disruption of this environment by construction activities interrupts the tree’s physiological processes, causing depletion of energy reserves and a decline in vigor. This sometimes is exhibited as death. The tree protection regulations are intended to guide a construction project to ensure that appropriate practices will be implemented in the field to eliminate undesirable consequences that may result from uninformed or careless acts and preserve both trees and property values. The following details are required to be implemented prior to any construction activities: The Project Arborist or contractor shall verify, in writing, that all preconstruction conditions have been met (tree fencing, erosion control, pruning, etc.). Fenced enclosures shall be erected around trees to be protected to achieve three primary goals: •To keep the foliage crowns and branching structure of the trees to be preserved clear from contact by equipment, materials, and activities. Dead, diseased, and dying material may be pruned at this time. •Preserve roots intact and maintain proper soil conditions in a non-compacted state and; •To identify the tree protection zone (TPZ) in which no soil disturbance is permitted, and activities are restricted. Tree Protection Zone (TPZ) Page 38 of 46 Page 7 of 12 Each tree to be preserved shall have a designated TPZ identifying the area sufficiently large enough to protect the tree and roots from disturbance. The recommended TPZ area can be determined by the CRZ formula of 10 X diameter at 4.5-feet above grade. Because multiple trees have a shared canopy footprint, the TPZ can be joined together into one fenced area. The TPZ shall be shown on all site plans for the project. Improvements or activities such as paving, utility and irrigation trenching and other ancillary activities shall occur outside the TPZ, unless authorized by the Project Arborist. Unless otherwise specified, the protective fencing shall serve as the TPZ boundaries. Activities prohibited within the TPZ include: Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous materials on or around trees and roots. Poisonous materials include, but are not limited to, paint, petroleum products, concrete or stucco mix, dirty water or any other material which may be deleterious to tree health. The use of tree trunks as a winch support, anchorage, as a temporary power pole, signposts, or other similar function. Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation without prior approval of the Project Arborist. Activities required within the TPZ include: Mulching: Any wood chips generated on-site from the proposed removals will need to remain on-site and can be spread within the TPZ of trees to remain that are within the building envelope. The mulch shall be spread within the TPZ to a maximum six (6) inch depth, while leaving the trunk clear of mulch. This mulch will help inadvertent compaction and soil moisture loss from occurring. Irrigation, aeration, fertilizing or other beneficial practices that have been specifically approved for use within the TPZ. Size and type of fence A sturdy, temporary barrier should be placed around the tree dripline until construction activities are done. This detail shall appear on grading, demolition, and improvement plans (Figs. 5 & 6). The fence shall enclose as much of the area under the canopy dripline as possible, being set up under the direction of the Project Arborist and to remain throughout the duration of the project, or until final improvement work within the area is required, typically near the end of the project. If the fencing must be located on the edge of paving or sidewalk that will not be demolished, the posts may be supported by an appropriate grade level concrete base. Tree Protection Fencing locations are shown in the above Site Plan section of this report. Exact dimensions will need to be determined in the field during job set-up in coordination with the Project Arborist. Page 39 of 46 Page 8 of 12 Figure 5: tree protection detail showing the modified Tree Protection Zone to accommodate the area required for the driveway. Tree Protection Zone and driveway are to be installed prior to any construction activity to ensure their proper function of protecting the protected oaks. Duration of Tree Protection Fencing Tree fencing shall be erected prior to demolition, grading or construction and remain in place until final inspection. “Warning” Signage Warning signs a minimum of 8.5x11-inches shall be prominently displayed on each fence. The sign shall clearly state: Driveway Yard Yard TPZ Page 40 of 46 Page 9 of 12 WARNING - Tree Protection Zone - This fence shall not be removed and is subject to a penalty. Tree protection fencing, if required to be moved, must be moved under the direction of the Project Arborist. All tree protection zones need to be clear of debris and construction materials, and cleared of weeds regardless of if fencing is present or not. Figure 6: tree protection detail in plan-view. Pruning, Surgery& Removal Prior to construction, trees may require that branches be pruned clear from proposed/existing structures, activities, building encroachment or may need to be strengthened by means of mechanical support (cabling) or surgery. Such pruning, surgery or the removal of trees shall adhere to the following standards: Pruning limitations: Minimum Pruning: If the Project Arborist recommends that trees be pruned, and the type of pruning is left unspecified, the standard pruning shall consist of ‘crown cleaning’ as defined by ISA Pruning Guidelines. Trees shall be pruned to reduce hazards and develop a strong, safe framework. Maximum Pruning: Maximum pruning should only occur in the rarest situation approved by the Project Arborist. No more than one-fourth (1/4) of the functioning leaf and stem area may be removed within one Page 41 of 46 Page 10 of 12 (1) calendar year of any tree, or removal of foliage to cause the unbalancing of the tree. It must be recognized that trees are individual in form and structure, and that pruning needs may not always fit strict rules. The Project Arborist shall assume all responsibility for special pruning practices that vary from the standards outlined in this TPP. Tree Workers: Pruning shall not be attempted by construction or contractor personnel. Activities During Construction & Demolition Near Trees Soil disturbance or other injurious and detrimental activity within the TPZ is prohibited unless approved by the Project Arborist. If an injurious event inadvertently occurs, or soil disturbance has been specifically conditioned for project approval, then the following mitigation is required: Soil Compaction: If compaction of the soil occurs, it shall be mitigated as outlined in Soil Compaction Damage, and/or Soil Improvement. Grading Limitations within the Tree Protection Zone: Grade changes outside of the TPZ shall not significantly alter drainage to the tree. Grade changes within the TPZ are not permitted. Trenching, Excavation & Equipment Use Excavation or boring activity within 5-feet of the TPZ is restricted to the following activities, conditions and requirements if approved by the Project Arborist: Notification. Contractor shall notify the Project Arborist a minimum of twenty-four (24) hours in advance of the activity in the TPZ. Root Severance. Roots that are encountered shall be cut to sound wood and repaired. Roots two (2) inches and greater must remain injury free. See the section below. Excavation. Any approved excavation, demolition or extraction of material shall be performed with equipment sitting outside the TPZ. Methods permitted within 5-feet of the TPZ are by hand digging, hydraulic or pneumatic air excavation technology only. Avoid excavation within the TPZ during hot, dry weather. If excavation or trenching within 5-feet of the TPZ for drainage, utilities, irrigation lines, etc., it is the duty of the contractor to tunnel under any roots two (2) inches in diameter and greater. Heavy Equipment. Use of backhoes, steel tread tractors or any heavy vehicles within the TPZ is prohibited. Root Severance Cutting and removal of roots within 5-feet of the TPZ that are smaller than two (2) inches in diameter shall be done by chain saw or hand saw to provide a flat and smooth cut and cause the least damage possible to Page 42 of 46 Page 11 of 12 the root and tree's health. Cutting roots by means of tractor-type equipment or other than chain saws and hand saws is prohibited. Proper pruning technique shall encourage callusing of the roots. Root cutting and removal shall not exceed thirty-five (35) percent of total root surface of the tree. The Contractor shall remove any wood chips or debris that may be left over from root removal. If any roots over two (2) inches in diameter are severed during any excavation, the following procedure shall be followed: The roots shall be shaded by immediately covering the entire trench with plywood, or by covering the sides of the trench with burlap sheeting that is kept moist by watering twice per day. When ready to backfill, each root shall be severed cleanly with a handsaw. Where practical, they should be cut back to a side root. Immediately, a plastic bag shall be placed over the fresh cut and secured with a rubber band or electrical tape. Shading should immediately be placed until backfilling occurs. Plastic bags shall be removed prior to backfilling. Backfill shall be clean, native material free of debris, gravel, or wood chips. If roots three (3) inches in diameter, or larger, are encountered during excavation, Contractor shall contact the Project Arborist and request a field inspection, or their designated representatives, and obtain instruction as to how the roots should be treated. No roots three (3) inches in diameter, or larger, shall be cut and removed without prior approval from the Project Arborist, or their designated representatives. Damage to Trees - Reporting Any damage or injury to trees shall be reported immediately to the Project Arborist and job superintendent so that mitigation can take place. All mechanical or chemical injury to branches, trunk or to roots over two (2) inches in diameter shall be reported to the Project Arborist. In the event of injury, the following mitigation and damage control measures shall apply: Root injury: If trenches are cut and tree roots two (2) inches or larger are encountered they must be cleanly cut back to a sound wood lateral root. The end of the root shall be covered with either a plastic bag and secured with tape or rubber band or be coated with latex paint. All exposed root areas within the TPZ shall be backfilled or covered within one (1) hour. Exposed roots may be kept from drying out by temporarily covering the roots and draping layered burlap or carpeting over the upper three (3) feet of trench walls. The materials must be kept wet until backfilled to reduce evaporation from the trench walls. Bark or trunk wounding: Current bark tracing and treatment methods shall be performed by a qualified tree care specialist within two (2) days. Scaffold branch or leaf canopy injury: Remove broken or torn branches back to an appropriate branch capable of resuming terminal growth within five (5) days. If leaves are heat scorched from equipment exhaust pipes, consult the Project Arborist within six (6) hours. Page 43 of 46 Page 12 of 12 Any damage to any tree’s canopy will need to be restoratively pruned effective immediately after the damage occurs and no later than 48 hours after the damage occurs. Inspection Schedule The Project Arborist retained by the applicant shall conduct the following required inspections of the construction site: Inspections shall verify that the type of tree protection and/or plantings are consistent with the standards outlined within this report. For each required inspection or meeting, a written summary of the changing tree related conditions, actions taken, and condition of trees shall be provided to the contactor. Inspection of Protective Tree Fencing & Pre-Construction Meeting: Prior to commencement of construction, the contractor shall conduct a pre-construction meeting to discuss tree protection with the job site superintendent, grading equipment operators, and the Project Arborist. Inspection of Rough Grading: The Project Arborist shall perform an inspection during rough grading adjacent to the TPZ to ensure trees will not be injured by compaction, cut or fill, drainage, and trenching, and if required, inspect aeration systems, tree wells, drains and special paving. The contractor shall provide the Project Arborist at least forty-eight (48) hours advance notice of such activity. Any special activity within the Tree Protection Zone: Work in this area (TPZ) requires the direct on-site supervision of the Project Arborist. Conclusion It is the nature of trees exposed to construction that some do not survive, and mortality cannot be predicted. If due care is exercised, all the trees on the project are expected to remain healthy and alive. Certification I, Sam Oakley, CERTIFY to the best of my knowledge and belief: 1. That the statements of fact contained in this plant appraisal are true and correct. 2. That the analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and that they are my personal, unbiased professional analysis, opinions, and conclusions. 3. That I have no present or prospective interest in the plants that are the subject of this analysis and that I have no personal interest or bias with respect to the parties involved. 4. That my compensation is not contingent upon a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 5. That my appraisal is based on the information known to me at this time. If more information is disclosed, I may have further opinions. Page 44 of 46 City of San Luis Obispo, Title, Subtitle  For Office Use Only:    Date Entered: ___/____/____    Letter sent:    ___/____/____    SR #____________________  TREE REMOVAL APPLICATION RESIDENTIAL, COMMERCIAL, DEVELOPMENT Follow Non-Construction Tree Removal Criteria and Process here (SLOMC 12.24.090.E) Follow Construction Tree Removal Criteria and Process here (SLOMC 12.24.090.F) Owner: Applicant: Address: Address: City: Zip: City: Zip: Phone: Phone: Email: Email: Address of Tree(s): Number of trees applying to remove? ____ Tree Species: Reason: Is this removal a City Tree? ____YES ____ NO _____ UNKNOWN Dog in yard? ___YES ___ NO Is this property governed by a Homeowners Association (HOA)? ___YES ___ NO If YES, please provide HOA Board Approved Meeting minutes authorizing tree removal(s) with your tree removal application. 1 Please include a photo log that clearly shows the trees requested for removal. All Tree(s) must be uniquely identified by a number and a ribbon or an identifier wrapped around the truck in the photo and prior to inspection 2 Please include a replanting plan in accordance with Section 12.24.090(J) of the City’s Municipal Code. A minimum of one new tree shall be planted for each tree authorized to be removed on the same property (on site) or two new trees shall be planted for each tree authorized to be removed when planted on a different property or within the public right-of- way (off site). ALL ITEMS BELOW MUST BE INCLUDED TO PROCESS TREE REMOVAL APPLICAITON: □ Tree(s) must be banded with ribbon or duct tape □ Site Plan Drawing or Photo of Tree site with Tree ID (Tree #1, Tree #2, etc.) □ Supporting documentation, (repair receipts, etc.) □ Photo Log showing damage or conditions for removal 1 □ Replanting Plan (Consistent with 12.24.090.J) 2 INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. FAILURE TO KEEP TREES BANDED MAY RESULT IN A RETURNED APPLICATION. Public Works Urban Forest Services 25 Prado Road, San Luis Obispo, CA 93401-3218 805.781.7220 Trees@slocity.org KEITH SWEENEY 225 EL RANCHITO LANE SAN LUIS OBISPO 93401 415.740.4984 KEITH@SWEENEYPLUMBING.COM KEITH SWEENEY 225 EL RANCHITO LANE SAN LUIS OBISPO 93401 415.740.4984 KEITH@SWEENEYPLUMBING.COM 10 HIGUERA X X X 2 PERUVIAN PEPPER TREE X DO NOT WORK WITH THE PROPOSED DEVELOPMENT,PLEASE REFER TO ARBORIST REPORT Page 45 of 46 Page 2   Tree Removal Decisions as outlined in Section 12.24.090 of the City’s Municipal Code SELECT ONE CRITERIA FROM BELOW SUPPORTING TREE REMOVAL APPLICATION DECISION MAKER APPEAL BODY Imminent Hazard to Life or Property Section 12.24.090(E)(1)(a) City Arborist No Appeal Tree Health and Hazard Mitigation Section 12.24.090(E) City Arborist Tree Committee Minor Ministerial Development Permit (removal for residential or accessory construction on an R-1 or R-2 lot) Section 12.24.090(F)(1) City Arborist Community Development Director Criteria for Discretionary Permits Construction Tree Removal Section 12.24.090(F)(3) Community Development Director Planning Commission City Council Major Development / Tentative Tract Map/ Conditional Use Permit Section 12.24.090(F)(4) Community Development Director City Council Please include a check for $157.17 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. 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 application are true and correct. Property Owner’s Signature: _______________________________ Date: _____________ Applicant’s Signature: ____________________________________ Date: _____________ Please make check payable to the City of San Luis Obispo $157.17 Check #________ For Office Use Only Date Posted: Date Removal Authorized: Trees Approved for Removal: Compensatory Replant Plan: Trees for Tree Committee Review: 3.19.24 3.19.24 X Page 46 of 46 1 Request to remove two tree and replant twenty-five trees as part of a new mixed-use project that contains approximately 23,164 square feet of commercial space,a one- bedroom residential unit and associated site improvements Applicant: Keith Sweeny Representative: Neil Miller, TenOver Studios ARCH-0358-2023 (10 Higuera Street) New Mixed-Use Project May 20, 2024 2 Tree Committee Focus of Review Review the project regarding consistency with the policies and standards set forth in the Tree Regulations (San Luis Obispo Municipal Code Section 12.24). Provide recommendations to the Planning Commission. 3 Project Location Location: 10 Higuera Street General Plan Land Use Designation: General Retail and Services & Manufacturing Zoning Designation: Service Commercial zone with a special consideration overlay (C-S-S) & Tourist Commercial zone with a mixed-use overlay (C-T-MU) 4 Project Description The proposed project includes: A new mixed-use building with 23,164 square feet of commercial space and a one- bedroom residential unit, Associated site improvements, A sign program, and A request to remove two trees. 5 Proposed Tree Removals Tree 1 Tree 2 6 Criteria for Construction Related Tree Removals •SLOMC §12.24.090 requires that the Tree Committee: •Review tree removal requests related to discretionary permit applications for Major Development Review; and •Provide a recommendation based on the criteria set forth in the code. 7 Tree Size •The applicant is requesting to remove two trees. •Tree 1 is a Schinus mole (Peruvian pepper) that is in good health, structure, and form and is 48-inches in diameter at standard height (4.5-feet above natural grade). •Tree 2 is also a Schinus mole (Peruvian pepper) and is in good health but fare structure and poor form. The issues with Tree 2’s form and structure are due to pruning for overhead utilities that has created an off -balanced tree. It is 36-inches in diameter at standard height. 8 Location of Tree on Private Property •The two trees are located interior to the almost 3-acre project site. •Tree 1 is located over 400 feet from the public right of way behind an existing structure. It can be seen from the public right of way but is not of high visual impact to the neighborhood. •Tree 2 is located behind a structure located at 6 Higuera Street and not easily visible from the public right of way. 9 Species of Tree •The two trees are located interior to the almost 3-acre project site. •Trees 1 and 2 are both non-native trees. •The Peruvian pepper tree is mildly invasive and can be problematic near washes, creeks, and waterways. The project site is bordered by the San Luis Obispo Creek to the west and Exposition Creek to the south. 10 Compensatory Planting •The applicant is proposing to replant 25 trees on the site. •Project Landscape Plans show the location and species of the new trees and include: •6 - 15-gallon Aesculus californica (California Buckey), •11 - 24-inch box Arbutus (Marina Strawberry Tree), and •3 - 24-inch Quercus rubra (Red Oak). 11 Project Landscape and Site Plan 12 Tree Committee Actions Recommend findings of consistency with the Tree Regulations. An action recommending approval of the application based on consistency with the Tree Regulations (SLOMC Section 12.24) will be forwarded to the Planning Commission for final action. This action may include recommendations for conditions to address consistency with the Tree Regulations. Continue the project to a hearing date certain, or uncertain. An action continuing the application should include direction to the applicant and staff on pertinent issues. Recommend findings of inconsistency with the Tree Regulations. An action recommending denial of the application should include findings that cite the basis for denial and should reference inconsistency with the General Plan, Tree Regulations, or other policy documents. 12