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HomeMy WebLinkAbout09-04-2012 ph1 appeal of tree committee decision to deny tree removal app 1288 morrostFROM :Carrie Mattingly, Interim Director of Public Work s Prepared By :Ron Combs, City Arboris t SUBJECT : -APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVA L APPLICATION AT 1288 MORRO STREE T RECOMMENDATIO N Adopt a resolution denying the appeal of the Tree Committee's decision to deny the removal of a pine tree at 1288 Morro Street. DISCUSSIO N Backgroun d On July 9, 2011, Scott Wright with H . Marshall Investments filed a Tree Removal application fo r the removal of one pine tree at 1288 Morro Street, citing liability concerns and continual upkeep t o repair concrete and pavers . He proposed replacing the pine tree with a smaller species of tree . Mission Medical Partners LLC Westpac Investments INC . is the listed property owner (Attachmen t 1). The City Arborist reviewed the condition of the tree upon receipt of the removal application . Th e 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 remova l 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 eliminat e the hazard b.The tree is dead or dying or damaged beyond reclamatio n c.The tree is causing severe root damage to public or private property, and removing the tre e is the only feasible way to eliminate the damag e In this case, the City Arborist was not able to approve the removal as no major defect, disease, o r damage was observed on the pine tree at 1288 Mono Street . Per the City's Municipal Code Section 12 .24 .090 .D .2, when the City Arborist cannot authorize a tree removal, the Tree Committee shall review the application and may authorize removal if it find s one of the following circumstances : a.The tree is causing undue hardship to the property owner . Normal routine maintenance doe s not constitute a hardship, i .e ., cleaning of gutters, leaf raking, or root intrusion into a faile d sewer lateral, etc .; o r b.Removing the tree promotes good arboricultural practice ; o r • Tree Committee Appeal - 539 Cerro Romauldo Page 2 c . Removing the tree will not harm the character or environment of the surroundin g neighborhood. Tree Committee Decisio n On Monday, July 23, 2012, the Tree Committee heard the removal request . All Tree Committe e members inspected the tree prior to the meeting . This is standard protocol for all tree remova l requests so that the members can make an informed decision at the public hearing . The Committe e members agreed that the pine tree was an asset to the property and they could not make th e necessary findings for removal (Attachment 2). There were two community members at the Tree Committee meeting who spoke against it s removal . The Tree Committee denied the request for removal of the pine tree at 1288 Morro Stree t (Attachment 3). Appeal On July 31, 2012 the City Clerk's office received an appeal of the Tree Committee's decision o f July 23, 2012 by the property owner's representative . In the appeal, the property owner's representative identified liability concerns with roots lifting concrete and pavers . They wish t o mitigate with a new tree planting and landscaping (Attachment 4). According to Municipal Cod e 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 b e overturned. FISCAL IMPAC T There is no fiscal impact realized by the City in the denial of the appeal . ALTERNATIVE Uphold the appeal .The City Council could choose to uphold the appeal for tree removal, thereb y allowing removal of the pine tree at 1288 Morro Street . ATTACHMENTS 1.Tree Removal Applicatio n 2.Tree Committee minute s 3.Tree Committee decision lette r 4.Tree Committee decision appea l 5.Municipal Code Section s 6.Resolution denying appea l 7.Resolution upholding appea l tAcourloA agenaa repot ls,l .:-u I-1 .y.l i 1 wL wrw ■or LA .iOo aoo NNedl ta.afa-wi IIL.).pur rbu3 ,erwr trec.oucn • • • PH1-2 OASIS ASSOC PAGE 0 1 Attachment 1 -1 25 Prado Road , San LUIS Obispo,CA 9340 1 TREE REMOVAL APPLICATION **If your tree removal is related to property development or a remodel, submit your request throug h the Planning Department at 919 Palm Street as part of your Planning Application .** IMPORTANT :.A tree removal application will only PLEASE MOTE :,If your tree is approved fo r be considered ff accompanied by a *sketch/map*removal and pasted, please call the office at the showing the street, strueture(s)location and end of your posting period to arrange to pick up location of all trees proposed for removal . Please your permit .The permit fee is $81 payable when draw on the back of this form or fax on a separate you pick up your permit (cash or check payable to sheet of paper, along with your application .City of Son Luis Obispo). "Please markthe trees proposed to be removed with a large X with duct taRe . **Tree re oval a • ileaflet's ust be received b the second Mond e of themonthto log considered for the meeting on the fourth Monday of the month .PLEASE FILL OUT COMPLETELY . Address of tree(s) to be removed :IZ_$8rtic4QLQ'MAW- Nearest cross street :R41C1c, - pl"'" Dog in yard? Yes Owner :wv U..c. Telephone :6205 – 544W7"5 Owner's Moiling Address :t)et5 .Ag.toettsrAc•• eetz ,.ice_'S,1rD Zip Cade t.A3401 Applicant (if other than owner):nb4tS p oe-leer Nice Telephone :eq$ -SM4501 Applicant's mailing address :347,1 unfit,!.trtt►CA .1S(.p Zip Code:ei Tree species (Common names):71feet5 •(iu Reasons for requesting removal : 07/09/2012 10 :40 805546052 5 rReplacement tree planting proposed (REQUIRED):R (Lst'T'4 &u.,+#.Arm e.'t&15 t7 W4 (ic1L"W Application will be considered only if entirely filled out and signed by owner . If consideration of thi s application goes to Tree Committee, you or your agent are required to attend the meeting and will be notified . * If lane closure is required to perform the tree removal work, an encroachment permit must be obtained fro m the City Public Works Department at 919 Palm Street . * Tree Removal permit is valid for 6 month s * Any required "replacement trees" must be installed within 45 days after removal . MAIL OR FAX completed form to : City Arborist, 25 Prado Rd ., Son Luis Obispo, CA 93401 , Phone : 781-7220 Fax : 542-98 6 na n't. • Owner : Applicant : Ile (:iii• of San Luis Obispo is committed le include the disabled in all or il services. programs and acti"ities . 'Telecommunications Di'vice lii r Me Deaf (805) 781-7.110 .Rev, 5-1 1 bate :7jf/il'L (g cer `1~1 ~Date :.~.._~ 07/0912012 10 :40 8055460525 OASIS ASSOC PAGE 0 2 Attachment 1 -2 ice .. 2,of 2 , PH1-4 Attachment 2 TREE COMMITTEE MEETING MINUTES - Excerp t MONDAY, JULY 23,201 2 Corporation Yard Conference Roo m 25 Prado Road, San Luis Obisp o MEMBERS PRESENT : David Savory, Suzan Ehdaie, and Ben Parke r STAFF PRESENT : Ron Comb s PUBLIC COMMEN T There was no public comment . TREE REMOVAL APPLICATION S 9 . 1288 Morro St. (Italian stone pine ) Scott Wright, applicant's representative, discussed the removal request and stated the tre e was too close to the building, which had a lot of elderly and infirmed pedestrian traffic . He discussed the pavers being lifted, creating a trip hazard . He felt the tree was too larg e for the area and was creating ADA compliance issues . He noted that there were othe r large pines on site . Mr . Combs stated it was a large healthy tree that was heavy over the parking lot side, bu t felt it could be lightened . He thought the hardscape damage and the root issues were easily mitigated, although it would be ongoing . Mr . Savory did not feel the hardscape issues were bad enough to warrant removal . Mr .Parker felt it was a significant shade tree in the area and felt the relative mino r hardscape issues could be mitigated with root pruning and specific maintenance . Ms : Ehdaie agreed with member comments . Mr . Savory moved to deny the removal request, as he could not make the necessar y findings for removal . Ms . Ehdaie seconded the motion. The motion passed unanimously . The meeting adjourned at 6 :30 p .m . to next regular meeting, scheduled for 5 p .m .o n Monday, August 27, 2012 . Respectfully submitted , Lisa Woske, Recording Secretary PHI-5 Attachment 3 July 24, 201 2 H . Marshall Investments, LLC Et-A l 895 Aerovista Place Suite 100 San Luis Obispo, CA 9340 1 Your application for removal of a tree at 1288 Morro Street,was reviewed by the City of San Lui s Obispo Tree Committee on July 23, 2012 . After careful consideration of the facts provided by you and a n on-site inspection of the tree, the Committee members have voted, in compliance with Municipal Cod e Section 12 .24 .180 .C .6, to deny your request based on the following findings : The tree is not causing undue hardship . Removal would not promote good arboricultural practice . • c . 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 Sectio n 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 maybe filed by any person aggrieved by a decision of the Committee . You are reminded that the Tree Ordinance (#1392 - 2001 Series), Section 12 .24 .130, Protection of Trees , reads in part : C . No person shall willfully injure, disfigure, or intentionally destroy by any means any tree growing within the planting area or elsewhere within the jurisdiction of this ordinance, excep t with permits described elsewhere in this chapter . G . Any person deemed responsible for damaging a tree or removing a tree without a permit a s described in this chapter shall be liable for civil damages to-the city in the amount adopted, b y resolution by the City Council, or for the value of the tree as determined by methods established by the International Society of Arboriculture, whichever is greater as determined by the City Arborist . If you have any questions regarding this matter, you may contact Ron Combs at (805)781-7023, Monda y through Friday, 7 :00 – 4 :30 PM . Respectfully, Ron Comb s City Arborist / Urban Foreste r commdenial • • PH1-6 Attachment 4 1 san Luis OBISPO Filing Fee :$261 .00* Pai d NIA *REFER TO SECTION 4 Date Receive d APPEAL TO THE CITY COUNCI L SECTION 1 . APPELLANT INFORMATION H . Marshall Investments, LL C Nam e 805-544-7343 Phone C.M .Florence,AICP c/o Oasis Associates,Inc , Representative's Nam e 305-541-45Q9 Phone 895 Aerovista Place Ste. 100, San Luis Obispo, CA 9340 1 Mailing Address and Zip Cod e 805-544-1177 Fax 3427 MigueJito Court . San Luis Obispo : CA 93401MailingAddressand Zip Cod e 805-546-0525 Fax Agent Title SECTION 2. SUBJECT OF APPEA L In accordance with the procedures set forth in Title 1, Chapter 1 .20 of the San Luis Obisp o Municipal Code (copy attached),I hereby appeal the decision of the : City of San Luis Obispo Tree Committee (Name of Officer, Committee or Commission decision being appealed ) 2.The date the decision being appealed was rendered :July 23, 2012 3.The application or project was entitled :N/A 4.I discussed the matter with the following City staff member : On-site Meeting (before decision) with Ron Combs,City Arborist on July 9, 2012 (Staff Member's Name and Department)(Date) 5 .Has this matter been the subject of a previous appeal?if so,when was it heard and by whom : No . SECTION 3 . REASON FOR APPEA L Explain specifically what action/s you are appealing and why you believe the Council should consider your appeal . Include what evidence you have that supports your appeal .You may attach additional pages, if necessary. This farm continues on the other side . PH1-7 Attachment 4 -2 Reason for Appeal continued ryl e tree ro . s .av a,1 •'..'•I O 01 .,... Best efforts have been made to comply with ADA access requirements by replacing and leveling the concrete and pavers , however these efforts have only served as a temporary fix as the growth of the tree continues to impact the entry path . Continuous compliance with ADA regulations is paramount as the buildings occupants include medical offices an d clinics, including the Veterans Affairs clinic . The tree is impeding the property owner's ability to provide entry and acces s to the building that is compliant with ADA standards . As mitigation for the loss of the tree, the property owner propose s new tree, planting, and landscape to increase accessibility and comply with ADA regulations . This item is hereby calendared for cc : City Attorney City Manage r Department Hea d Advisory Body Chairperso n Advisory Body Liaiso n City Clerk (original) Page 2 of 3 8/09 PHI-8 Attachment 4 -3 PH1-9 Municipal Code Sections Attachment 5 1 12 .24 .090 Tree removal . A . Policy . The city values trees as an important part of the natural and economic environment and effort s shall be made to preserve them whenever possible and feasible . When reviewing requests for tre e removal permits, the city shall discourage removing desirable trees and shall consider approving remova l of desirable trees only as a last resort alternative for the applicant . B . Permits for Removal, Removing any tree in the city shall require a tree removal permit, except a s otherwise provided in this chapter . C . Tree Removal Not Related to Property Development . 1.Removing a tree in all zones except as otherwise provided in this chapter shall require a permit issued by the public works department . 2.An application for a tree removal permit issued by the public works department shall include : a.A site plan showing the location and species of any tree proposed for removal ; b.All information to support the reason for removal ; c.Any other pertinent information to the request, including documentation of propert y damage . D . Removals for Tree Health or Hazard Mitigation . 1 . The city arborist may authorize a tree removal upon receipt of a removal application withou t the need for a permit from public works upon finding any of the following circumstances : a.The tree is an imminent hazard to life or property, and removing it is the only feasibl e way to eliminate the hazard ; b.The tree is dead or dying or damaged beyond reclamation ; c.The tree's roots are causing severe damage to public or private property, and removin g the tree is the only feasible way to eliminate the damage . 2 . When the city arborist cannot authorize a tree removal, the request shall be reviewed by th e tree committee, which may authorize removal if it finds one of the following circumstances : a.The tree is causing undue hardship to the property owner . Normal routine maintenanc e does not constitute a hardship, i .e ., cleaning of gutters, leaf raking, pruning or root intrusio n into a failed sewer lateral, etc .; o r b.Removing the tree promotes good arboricultural practice ; or PH1-10 Municipal Code Sections Attachment 5 -2 c . Removing the tree will not harm the character or environment of the surroundin g neighborhood . 12 .24 .180 Appeals . A.In accordance with the provisions of Chapter 1 .20,any person aggrieved by an act or determination o f the staff in exercising the authority herein granted shall have the right to appeal to the tree committee , whose decisions are appealable to the city council . B.Appeals received by the city clerk within ten calendar days from the date of determination or act shal l cause the public works director to withhold tree removal permits and stop any construction or demolitio n activity affecting the subject tree until the appeal is heard and a decision is reached . (Ord . 1544 § 1 (part), 2010) ATTACHMENT 6 -1 RESOLUTION NO .(2012 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O DENYING AN APPEAL TO THE TREE COMMITTEE DECISIO N TO DENY A TREE REMOVAL REQUEST AT 1288 MORR O WHEREAS,the Tree Committee of the City of San Luis Obispo held a public hearing o n July 23, 2012, and denied the Property Owner 's request to remove one pine tree located at 128 8 Morro, San Luis Obispo, California ("Property"); and WHEREAS,on September 4, 2012, 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 on e pine tree at the Property , NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Findings :The City Council, after consideration of the property owner's appeal of the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon , and public testimony, makes the following findings : a . The tree is not causing undue hardship to the property owner because :• 1.No testimony or evidence was presented to demonstrate that deviations or defect s created by the tree to access paths are significant and that such defects cannot be remedied or mitigated through diligent maintenance by the property owner ; and 2.No testimony or evidence was presented to demonstrate that maintenance and/o r repair of the tree or affected access pathways, in a manner that would mitigate or eliminat e impacts asserted by the applicant, is physically or financially infeasible or unduly burdensome . b . The removal of the pine tree will not promote good arboricultural practice because the tree i s healthy, attractive, and vigorous . c . The removal of the pine tree will harm the character or environment of the surroundin g neighborhood because it is a large and attractive shade tree, visible from public passageways , which softens the appearance of the building . SECTION 2 . The appeal of the Tree Committee's decision to deny the removal a pine tre e at 1288 Morro, San Luis Obispo, California is hereby denied and the property owner may not remov e the tree . Upon motion of , seconded b y and on the following vote : AYES: NOES : ABSENT : R PH1-12 • Resolution No,(2012 Series)ATTACHMENT 6 -2 Page 2 The foregoing resolution was adopted this day of 2012 . Mayor Jan Mar x ATTEST : Maeve Grime s City Clerk APPROVED AS TO FORM : J . Christine Dietric k City Attorney PH1-13 ATTACHMENT 7 - 1 •RESOLUTION NO .(2012 Series ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O UPHOLDING AN APPEAL TO THE TREE COMMITTEE DECISIO N TO DENY A TREE REMOVAL REQUEST AT 1288 MORR O WHEREAS,the Tree Committee of the City of San Luis Obispo held a public hearing o n July 23, 2012, and denied the property owner's request to remove one pine tree located at 128 8 Morro, San Luis Obispo, California ("Property"); an d WHEREAS,on September 4, 2012, 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 on e pine tree at the Property , NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s 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, and staff recommendations and report s thereon, and public testimony makes the following findings : a.The tree is causing undue hardship to the property owner, damaging hardscape and creating • difficulties and/or potential hazards to building access due to the unique character of th e clientele of the property, which includes elderly, infirm and/or disabled individuals . b.The removal of the pine tree is reasonable because the tree is close to buildings and large for its location . SECTION 2 . The appeal of the Tree Committee's decision to deny the property owner's request to remove one pine tree at 1288 Mono, San Luis Obispo, California is hereby upheld, an d therefore removal of the pine tree is approved subject to the condition that the appellant plant tw o replacement trees as directed by the City Arborist . Upon motion of , seconded by and on the following vote : AYES : NOES : ABSENT : The foregoing resolution was adopted this day of 2012 . Mayor Jan Marx R PH1-14 Resolution No .(2012 Series ) Page 2 ATTEST : Maeve Grime s City Clerk APPROVED AS TO FORM : J .Christine Dietric k J . Christine Dietric k City Attorney ATTACHMENT 7 -2 PHI-15' Page intentionally lef t blank .